UC-NRLF 


SB    20    S03 


M        M        H     H        M        H 


L  B 


SCHOOL     LAWS 


FOR 


FREE  PUBLIC  SCHOOLS 


OF    THE 


State  of  Delaware 


1898-1913 


PUBLISHED  BY  AUTHORITY  OF  GENERAL  ASSEMBLY 


)I  M 


-j 


GIFT   OF 


SCHOOL     LAWS 


-      FOR 


FREE  PUBLIC  SCHOOLS 


OF   THE 


State  of  Delaware 


1898-1913 


Published  by  Authority  of  the  General  Assembly 


1913 
"THE  SMYRNA  TIMES"  PRINT 

Siuyrna,  Delaware 


£7-1 


GIFT 


PROVISIONS    OF    CONSTITUTION    RELATING    TO    PUBLIC 
SCHOOLS 


ARTICLE  X. 
EDUCATION. 

Section  1.  The  General  Assembly  shall  provide  for  the  estab- 
lishment and  maintenance  of  a  general  and  efficient  system  of  free 
public  schools,  and  may  require  by  law  that  every  child,  not  physically 
or  mentally  disabled,  shall  attend  the  public  school,  unless  educated 
by  other  means. 

Section  2.  In  Addition  to  the  income  of  the  investments  of  the 
Public  School  Fund,  the  General  Assembly  shall  make  provision  for  the 
annual  payment  of  not  less  than  one  hundred  thousand  dollars  for  the 
benefit  of  the  free  public  schools  which,  with  the  income  of  the  in- 
vestments of  the  Public  School  Fund,  shall  be  equitably  apportioned 
among  the  school  districts  of  the  State  as  the  General  Assembly  shall 
provide;  and  the  money  so  apportioned  shall  be  used  exclusively  for 
the  payment  of  the  teachers'  salaries  and  for  furnishing  free  text 
books ;  provided,  however,  that  in  such  apportionments,  no  distinc- 
tion shall  be  made  on  account  of  race  or  color,  and  separate  schools 
for  white  and  colored  children  shall  be  mantained.  All  other  ex- 
penses connected  with  the  maintenance  of  free  public  schools,  and  all 
expenses  connected  with  the  erection  or  repair  of  free  public  school 
building?  shall  be  defrayed  in  such  manner  as  shall  be  provided  by 
law. 

Section  3.  No  portion  of  any  fund  now  existing,  or  which 
may  hereafter  be  appropriated,  or  raised  by  tax,  for  educational  pur- 
poses, shall  be  appropriated  to,  or  used  by,  or  in  aid  of  any  sec- 
tarian, church  or  denominational  school;  provided,  that  all  real  and 
personal  property  used  for  school  purposes,  where  the  tuition  is  free, 
shall  be  exempt  from  taxation  and  assessment  for  public  purposes. 

Section  4.  No  part  of  the  principal  or  income  of  the  Public 
School  Fund,  now  or  hereafter  existing,  shall  be  used  for  any  other 
nurpose  than  the  support  of  free, public  schools. 


^48265 


STATE  BOARD  OF  EDUCATION. 

CHAPTER  94. 

OF  FREE  SCHOOLS. 

AN  ACT  in  Relation  to  the  State  Board  of  Education,  its  Creation,  Member- 
ship, Powers  and  Duties,  and  also  in  further  amendment  of  the  Act  en- 
titled "An  Act  concerning  the  Establishment  of  a  General  System  of  Free 
Public  Schools,"  being"  Chapter  6?  of  Volume  21  of  the  Laws  of  Dela- 
ware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaivare  in  General  Assembly  met  : 


Section  1.     That  the  State  Board  of  Education,  as 
same  is  now  constituted,  be  and  the  same  is  hereby  abol- 
ished. 

Section  2.     That  the  Act  entitled  "An  Act  concerning  yofp2i67' 
the  establishment  of  a  general  system  of  free  public  schools,  '  '  amended. 
approved  May  12,  1898,  being  Chapter  67  of  Volume  21  of 
the  Laws  of  Delaware,  be  and  the  same  is  hereby  amended 
by  striking  out  the  first  two  sections  of  said  Act  and  by  in- 
serting in  lieu  thereof  the  following: 

"Section  1.     The   general  supervision  and  control 
the  free  public  schools  of  this  State,   including  those 
colored  children,  shall  be  vested  in  a  State  Board  of  Edu-bers- 
cation,  composed  of  seven  members.     Upon  the  approval 
of  this  Act,  the  Governor  of  this  State  shall  appoint  seven  i 
members  of  the  State  Board  of  Education,  one  of  them  to 
be  appointed  for  one  year,  one  for  two  years,  one  for  three  appoint 
years,  and  one  for  four  years,  one  for  five  years,  one  for 
six  years,  and  one  for  seven  years,  their  terms  of  ofiice  tolermsof  of. 
begin  on  the  first  day  of  April,   nineteen  hundred  and  ^eVt0ecom~ 
eleven.     The  Governor  shall  annually  thereafter  appoint  a  ^jyjf*  |ha11 
member  of  said  State  Board  of  Education  for  the  full  term  jS^  fl& 
of  seven  years  and  any  vacancy  in  said  Board  shall  be  vacancy  to  be 
filled  for  the  remainder  of  the  term  in  the  same  manner.  m'alnd^oT 
They  shall  serve  without  any  compensation  other  than  thetei 

No  compen- 

paymen^of  the  necessary  expenses  incurred  in  the  perf  or- 
mance  of  their  duties  as  members  of  the  Board. 


sSteCBoartdof         Scctio'.'i  2.  |  Tfe/objeet  of  the  State  Board  of  Educa- 


tion  shall  be  to  systematize  and  harmonize  the  work  in 
the  various  free  schools  of  this  State,  to  render  said  schools 
more  useful  and  efficient  and  to  raise  the  standard  of  in- 
struction   and  education   therein.     The  said   Board  shall 
ana  causetoke  have  power  to  make,  and  to  cause  to  be  enforced,  all  such 
rule?  ana6  '     rules  and  regulations  for  the  conduct  of  the  schools  afore- 
said, and  for  the  work  done  and  instructions  imparted 
therein,  as  it  shall  deem  necessary  for  the  attainment  of  the 
object  aforesaid. 

TO  prescribe  In  furtherance  and  not  in  limitation  of  power  afore- 

JS'said,  the  said  Board  shall  have  power  to  prescribe  the  text 

books  to  be  furnished  the  schools  as  hereinafter  provided, 

Additional      and  to  make  contracts  for  the  prices  at  which  such  books 

poweraof1      shall  be  furnished;  to  regulate  the  curricula  in  the  schools, 

to  determine  when  and  upon  what  conditions  and  under 

what  restrictions  the  County  Superintendents  shall  issue 

certificates  to  teachers  or  applicants  to  teach;  and  to  pre- 

scribe rules  and  regulations  for  the  sanitary  equipmment 

and  inspection  of  school  buildings  and  to  take  such  other 

action  as  it  may  deem  necessary  and  expedient  to  promote 

the  physical  and  moral  welfare  of  the  children  of  the   free 

schools  of  this.State. 

May  require  The  said  State  Board  shall  make  investigation  of  such 

furn?Bhr  needed  facts  and  conditions  as  will  give  a  fuller  knowledge  of  the 
formation.  nee(js  Of  our  schools,  and  to  this  end  may  require  teachers 
and  school  officers  to  furnish  all  needed  information  con- 
cerning the  particular  schools  and  school  districts  in 
charge  of  such  teachers  and  school  officers;  and  it  may,  if 
it  deem  necessary,  employ  for  a  limited  period  a  trained 


per?101          educator  or  educational  expert  to  advise  said  State  Board 
and  to  assist  it  in  the  performance  of  its  duties. 


determinancln  ^e  sa^  State  Board  of  Education  is  hereby  vested 
appeals?6  with  sole  and  exclusive  jurisdiction  to  hear  and  determine 
finally  all  appeals  from  the  several  County  School  Com- 
missions hereinafter  created  and  all  appeals  of  teachers, 
applicants  for  Certificates,  County  Superintendents  and 
members  of  School  Committees  and  Boards  of  Education. 


The  rules,  regulations  and  decisions  made  by  the  said 
State  Board  shall  be  followed  and  acted  upon  by  the  ^State  f£aan 
Auditor   in  settling  the  accounts  of  school  officers,  and  by 
the  State  Treasurer  and  Trustee  of  the  School  Fund  in 
making    the    apportionment    of    State    appropriations  toEc 
schools,  and  the  distribution  thereof. 

The  said  State  Board  shall  report  and  recommend  to  shei  i  report 
the  Governor  and  the  General  Assembly,  such  legislation  n?endeto  the 
as  it  deems  will  promote  the  cause  of  Education  in   thisGe 
State. 

The  State  Auditor  shall  be  the  Secretary  of  the  said  state  Auditor 
State  Board  but  shall  have  no  vote  or  voice  in  its  proceed-  but 
ings.     The  said  Board  shall  have  such  other  officers  as  itnc 
deems  necessary,  define  their  duties  and  elect  them  an- 
nually.    It  shall  fix  the  times  of  its  regular  meetings  and 
the  manner  of  calling  special  meetings.     It  shall  make  its  shaiiffx  time 
own  by-laws  and  all  regulations  deemed  necessary  to  carry  of 
on  the  proper  work  and  affairs  of  the  Board.      Absence  A^eneejrom 
from  two  consecutive  meetings  of  the  State  Board  by  any  wve  meetings 
of  its  members,  except  for  cause  considered  good  by  a  ma-  Deemed  a 
jority  of  the  members  at  the  second  consecutive  meeting,  Tobe  filled  by 
shall  be  deemed    a  vacancy  which  shall  be  filled  by  the  the  Governor- 
Governor  accordingly.     Its  regular  meeting  place  shall  be  Regular  meet- 

m         —  -.  .  1U£  pJftCC  SD&ll 

in  Dover  but  it  may  from  time  to  time  hold  meetings  at  be  in  Dover. 


other  places.     It  shall  have  the  right  to  use  for  its  meet-  ^aii  have  the 

*          ~  right  to  use  the 

ings  the  office  of  the  State  Auditor  or  such  room  in  the  gate  Auditor's 
State  House  and  Administration  Building  as  shall  not  be 
in  use  at  the  time  of  its  meeting 

The  State  Treasurer  shall  out  of  any  moneys  in  the^te  Treasurer 
general  fund  of  the  State,  pay  all  bills  for  the  necessary  *n  d  necessary 
expenses  incurred  by  the  members  of  the  said  State  Board 
in  the  performance  of  their  duties  as  such  members,  when- 
ever such  bills  shall  be  presented,  countersigned  by  its 
then  president  and  secretary,  and  the  said  State  Treasurer 
shall  also  pay  such  other  bills  incurred  by  the  said  State 
Board  of  Education  for  postage,  stationery  and  printing  postage, 
and  for  services  rendered  to  the  Board,  as  shall  be  coun-  JJfVn?ini7etc. 
tersigned  as  aforesaid.  " 


aS4ndedUrther  Section  3.  That  Section  23  of  the  Act  aforesaid  be 
and  the  same  is  further  amended  by  striking  out  the  word 
"He  shall  make  and  sign  a  Certificate  to  each  person  pass- 
ing such  examination  as  hereinafter  provided ;"  in  lines 
thirty-two,  thirty-three  and  thirty-four  of  page  197  of 
Volume  21  of  the  Laws  of  Delaware  and  by  inserting  in  lieu 
thereof  the  following:  "He  shall  deliver  a  Certificate, 
signed  by  himself,  to  every  teacher  or  applicant  to  teach, 
whom  he  shall  find  to  be  entitled  to  such  Certificate, 
under  the  rules  and  regulations  of  the  State  Board  of  Edu- 
cation in  relation  to  the  same,  such  Certificate  to  be 
subject  to  the  conditions  and  restrictions  imposed  by 
said  State  Board:" 

sec.  24,  as  Section  4.     That  Section  24  of  the  Act  aforesaid  as 

!S£edred|  amended  by  Chapter  113  of  Volume  22  of  the  Laws  of  Del- 
aware, be  and  the  same  is  hereby  amended  by  striking  out 
all  of  said  Section  24  between  the  words  "Section  24"  in 
the  first  line  of  said  Section  and  the  words  "Every  teacher 
in  the  free  public  schools  of  the  State"  in  the  fifth  line  of 
page  199  of  Volume  21  of  the  Laws  of  Delaware,  and  by 
insercing  in  lieu  thereof  the  following:  "Every  person  of 
good  moral  character  who  holds  an  unexpired  Certificate  of 
a  County  School  Superintendent  issued  to  him  or  her  under 
and  in  conformity  with  the  rules  and  regulations  of  the 
State  Board  of  Education,  shall  be  qualified  to  teach  in  the 
schools  of  the  County  of  such  Superintendent  so  Ions:  as 
said  Certificate  shall  continue  in  force." 

Approved  March  14,  A.  D.  1911. 


CHAPTER  67,  VOLUME  21. 

AN  ACT  CONCERNING  THE  ESTABLISHMENT  OF  A  GENERAL 
SYSTEM  OF  FREE  PUBLIC  SCHOOLS. 

(Sections  1  and  2  of  this  act  were  repealed  by  the  pre- 
ceding chapter,  namely,  Chaper  94,  Volume  26.) 

Section  3.    The  supervision  of  all  the  free  public  schools,  supervision 
including  those  for  colored  children,  in  each  of  the  coun- 


ties  of  this  State,  subject  to  the  general  supervision  and 
control  hereinbefore  vested  in  the  State  Board  of   Edu- 
cation, shall  be  vested  in  a  County  School  Commission  for 
each  County,     The    said  Commission  shall  be  composed  of  " 
three  members,  no  more  than  two  of  whom  shall  be  of  theposed 
same  political  party.     They  shall  be  appointed  by  the  Gov-  Appointment 
ernor,  and  hold  office  for  three  years,   or  until  their  sue-  Term 
cessors  are  duly  qualified;  provided,  however,  that  in  the 
appointment  of  the  first   set  of   County  School  Commis- 
sioners under  this  Act,  one  member  of  each  of  said  Com- 
missions shall  be  appointed  for  one  year,  one  for  two  years  (Atrrt|Jmesment 
and  one  for  three  years,  for  each  county;  and  provided 
further,  that  in  the  appointment  of  said  first  set  of  said 
Commissioners  for  the  several  counties,  not  more  than  two  Political  com- 
of  either  the  one  year  members,  or  the  two  year  members,  P 
or  three  year  members,  shall  be  of  the  same  political  party. 
In  the  appointment  of  said  first  set  of  Commissions,  the  s 


member  appointed  for  each  county  for  one  year,  shall  be™' 
thp  senior  member  during  the  first  year;  the  member  ap- 
pointed for  two  years,  shall  be  the  senior  member  the  sec- 
ond year;  and  thereafter  the  member  serving  for  his  third 
year  in  the  appoinment  of  any  set  of  said  Commissions, 
shall  be  the  senior  member. 

Each  County  School  Commission  shall  hold  meet  ings  Meetings  of 
quarterly,  during  the  first  week  in  the  months  of  Septem-  mSSon?0" 
ber,  December,  March  and  June,  in  each  year,  in  the  office  place 
of  the  Couffty  Treasurer,  or   some  other  convenient  place, 
in  its  respective  County.     Special  meetings  mav  be  helds?ecial 

meetings 

upon  the  call  of  any  two  members.     The  first  stated  meet- 


10 


ing  of  each  of  the  County  School  Commissions  created  by 
First  meeting  this  Act,  shall  be  held  on  Saturday,  the  fourth  day  of  June 
in  the  year  eighteen  hundred  and  ninety-eight  at  eleven 
officers          o'clock  in  the  forenoon.     The  senior  member  of  the  Com- 
mission shall  be  its  President,  and  the  junior  member  shall 
Quorum         be  its  Secretary.     Two  members  shall  constitute  a  quorum 
to  do  business,  but  one  may  adjourn  from  time  to  time  un- 
til a  quorum  is  secured. 


Oath 


Vacancy 


By-laws  and 
rules 


Object  of 
County  Com- 
mission 


Powers 

Visits 


Methods 

Assistan  ce  of 
Superinten- 
dent 


Before  entering  upon  the  duties  of  his  office,  each 
member  of  said  commission  shall  be  sworn  or  affirmed  to 
well  and  faithfully  discharge  the  same.  The  oath  or  affir- 
mation may  be  administered  by  any  member.  A  vacancy 
in  the  office  of  County  School  Commissioner,  caused  by 
death,  resignation,  removal,  disability,  or  othwise,  shall 
be  filled  by  the  Governor  for  the  unexpired  term,  provided 
that  such  appointee  shall  be  of  the  same  poltical  party  as 
he,  to  fill  whose  unexpired  term,  such  appointee  is  chosen. 
A  commission  for  an  unexpired  term  as  aforesaid  shall  vest 
in  the  holder  thereof  all  the  powers,  and  subject  him  to  all 
the  duties  which  would  have  devolved  on  him  had  he  been 
commissioned  at  the  beginning  of  said  term.  Each  of  said 
commissions  shall  have  power  to  make  all  such  by-laws  as 
are  or  may  be  necessary  for  its  own  government,  and  to 
formulate  and  carry  into  effect  all  such  rules  and  regula- 
tions as  are  requisite  and  proper  for  the  execution  of  the 
powers  and  duties  conferred  upon  it  by  this  Act. 

Section  4.  The  object  of  the  County  School  Commis- 
sion shall  be  the  investigation  of  the  school  system  through- 
out the  County  of  its  jurisdiction,  the  methods  of  instruc- 
tion and  discipline  employed  in  the  schools,  the  perform- 
ance of  their  several  duties  by  the  various  school  officers 
and  teachers,  and  the  condition  of  school  property.  To  this 
end  each  commission  shall  have  full  power  and  authority 
to  visit  all  the  schools  in  its  County,  including  incorpor- 
ated schools,  and  to  observe  and  question  the  teachers  con- 
cerning their  method  of  instruction  and  discipline;  to  ex- 
amine all  reports  and  papers  made  to  or  filed  with  the 
County  Superintendent  for  its  County,  and  to  confer  with 
and  aid  him  concerning  the  methods  and  systems  which  he 


11 

has  adopted,  or  desires  to  introduce  into  the  schools  under 
his  supervision;  to  make  reports  quarterly  to  the  State  Reports 
Board  of  Education  at  its  stated  quarterly  meetings,  con- 
taining any  suggestions  as  to  improvement  in  school  meth- 
ods and  systems,  and  specifying  any  neglect  or  abuse  on 
the  part  of  any  teacher  or  school  officer  whomsoever  in  its 
County.  The  Commission  shall,  at  any  of  its  stated  meet- 


ings,  be  ready  to  receive  any  and  all  complaints  concerning00 
teachers,  the  County  Superintendent,  or  any  school  officer, 
whomsoever,of  the  County  under  its  jurisdiction,  and  to 
hear  evidence  upon  the  same.     The  said  Commission  shall 
have  power   to   determine   the   complaints  aforesaid   ac- 
cording to  the  best  ability  of  its  members,  subject  how- 
ever to   the  right  of  appeal  to  the  State  Board  of  Edu- 
cation as  hereinbefore  provided.     It  shall  be  the  further 
duty  of  each  of  the  said  County  School  Commissions,  to  act 
as  a  Sanitary  Commission  over  any  and  all  school  property  sanitary 
in  the  County  under  its  supervision;   with  full  power  to 
condemn  any  school  building,  or  any  part  thereof,  as  un.Condemnation 
safe  or  unhealthy;  and  upon  the  certificate  of  such  con- 
demnation by  the  Commission,  the  Trustee  of  the  School 
Fund  shall  withhold  from  the  district  in  which  such  con- 
demned property  is  situated,  its  share  of  the  State  appro-  share  of  school 
priation,  until  the  further  certificate  of  the  Commission  Fundwithheld 
that  such  condemned  property  has   been  repaired  or  re- 
placed, or  that  provision  therefor  has  been  made.     Pro-  Proviso  as  to 
vided,   however,   that  nothing  in  this  Act  shall  be  con-  closing  schools 
strued  or  taken  to  confer  upon  any  of  said  County  School 
Commisssion  any  power,  right,  or  authority  to  close  or  sus- 
pend any  school  for  any  reason  whatever. 

Section  5.     No  member  of  any  County  School  Commis- 
sion shall  receive  any  salary  by  virtue  of  his  office,  but, 
upon  the  warrant  of  the  Governor,  the  State    Treasurer 
shall,  out  of  the  general  fund  of  the  State,  pay  to  each 
member  of  said  Commissions  the  sum  of  five    dollars  f°rPerdiel 
each  day  actually  spent  in  attendance  upon  the  meetings 
of  theComnfission  of  which  he  is  a  member;  provided  thatlim-t 
such  allowance  shall  not  exceed  the  sum  of  seventy-five  c'hap<88>Vo1-2* 
dollars  to  any  one  member  in  any  one  year  for  such  attend-  ExPenses 


12 


Limit 


Printing  and 
postage 


Notice  of  meet- 
ings of  State 
Board  and 
County  Com- 
mission 


ance;  and  the  further  sum  of  six  cents  per  mile  expended 
in  visiting  any  of  the  schools  under  the  supervision  of  the 
Commission  of  which  he  is  a  member;  provided,  that  such 
mileage  shall  not  be  allowed  for  more  than  one  visit  to 
any  one  school  by  any  one  member  during  a  single  quar- 
ter; and  provided  further,  that  such  allowance  for  mileage 
shall  not  exceed  the  sum  of  twenty-five  dollars  to  any  one 
member  during  any  one  year.  The  said  State  Treasurer 
shall  further  pay  all  reasonable  and  proper  bills  incurred 
by  the  said  County  School  Commission  for  printing  and 
postage,  out  of  the  general  fund  aforesaid,  upon  being  pre- 
sented with  proper  vouchers  therefore  by  its  president  or 
secretary. 

Section  6.  It  shall  be  the  duty  of  the  State  Board  of 
Education,  and  also  of  each  of  the  County  School  Commis- 
sions to  give  notice  of  the  time  and  place  of  each  of  its 
stated  meetings,  by  advertisement  in  two  successive  is- 
sues of  three  newspapers  in  the  State,  at  least  ten  days  be- 
fore the  time  fixed  for  such  meeting. 

In  the  case  of  the  County  School  Commission,  such  ad- 
vertisement shall  be  in  newspapers  published  in  the  county 
under  its  jurisdiction. 


Division  of 


Section  7.  It  shall  be  the  duty  of  each  of  the  first  set 
of  County  School  Commissioners  appointed  under  the  pro- 
'l8  vision  of  this  Act,  to  lay  out  and  divide  the  County  under 
its  jurisdiction  into  districts  for  colored  schools.  For  this 
purpose  each  of  said  commissions  shall  hold  a  special  meet- 
ing on  Tuesday  the  seventh  day  of  June  in  the  year  eigh- 
teen hundred  and  ninety-eight  at  eleven  o'clock  in  the 
forenoon,  at  some  suitable  place  in,  with  regard  to  the 
commission  for  New  Castle  County,  the  City  of  Wilming- 
ton and  in,  with  regard  to  the  commission  for  Kent  Coun- 
ty, the  town  of  Dover,  and  in,  with  regard  to  the  commis- 
sion for  Sussex  County,  the  town  of  Georgetown  :  each  of 
said  Commissions  having  first  given  notice  by  advertise- 
ment  jn  two  successive  issues  of  two  newspapers,  of  the 
time,  place  and  purpose  of  such  special  meeting,  and  of 
the  willingness  of  said  commission  to  hear  any  and  all  per- 


Meeting  for 


Places  of 
meeting 


Notice  by 


13 

sons  who  might  have  anything  to  state  concerning  the  lay- 
ing out  of  said  districts. 

Each  of  said  Commissions  may  adjourn  from  time  to  Adjournment 
time. 

Each  of  said  Commisssions  shall  then,  and  as  soon  after 
the  date  of  the  special  meeting  aforesaid  as  may  be,  pro- 
ceed to  its  work  of  laying  out  and  establishing  districts 
for  colored  schools  in  the  county  under  its  jurisdiction,  and 
shall  make  return  of  their  determination,  giving  the  names,  Return 
and  the  metes  and  bounds  of  the  several  districts  so  laid 
out  by  it,  to  the  Clerk  of  the  Peace  of  the  proper  county,  who 
shall  preserve  the  same  in  the  records  of  his  office,  and  who  Duty  of  cierk 
shall,  within  five  days  after  the  receipt  of  such  return,  ° 
certify  to  the  Trustee  of  the  School  Fund  the  names  and  certificate  u> 
numbers  of  the  districts  so  laid  out  as  aforesaid.  school  Fund 

Immediately  upon  making  return  as  aforesaid,  eac  h  ^jgj 
commission  shall  determine  upon  a  time  and  place  for  each 
district  thus  laid  out  for  the  first  meeting  of  the  school 
voters  held  under  this   Act   in   said    districts,   and   shall 
advertise  the  same  by  posting  five   notices  stating   such 
time  and  place,  in  five  of  the  most  public  places  in  each  of  Notice 
the  said  districts,  provided  that  the  time  for  the  holding 
of  the  meeting  of  the  school  voters  shall  not,  in  any  case, 
be  later  than  the  last  week  in  August  in  the  year  eighteen 
hundred  and  ninety-eight. 

The  districts  so  laid  out  by  each  of  the  said  commis-  Numbering 
sions  shall  be  numbered  in  continuation  of  the  school   dis-dl 
stricts  in  the  same  county,  and  shall  thenceforth  be  en- 
titled to  all  the  rights  and  powers,  and  subject  to  all  liabil- Rights  and 
ities  and  penalties  by  this  Act  provided.     The  determina-pc 
tion  and  return  of  a  majority  of  the  County  School  Com- Acts  of 
mission  for  any  one  of  the  counties,  shall  be  as  valid  and  commission 
effective  as  if  made  by  all. 

Each  member  of  each  of  said  Commissions  shall  receive  compensation 
the  sum  of  one  hundred  dollars  for  the  performance  of  the 
task  in  this  Section  assigned,  and  the  State  Treasurer  shall 
pay  him  said  amount,  out  of  the  general  fund  of  the  State, 
upon  the  warrant  of  the  Governor ;  provided  that  no  member  Provi(!0 


14 


shall  be  entitled  to  receive  any  sum  whatever  if  the  Com- 
mission of  which  he  is  a  member  shall  not  have  fully  per- 
formed and  executed  the  duties  prescribed  in  this  Section 
before  Wednesday,  the  tenth  day  of  August,  in  the  year 
eighteen  hundred  and  ninety-eight. 

changes  in  The  districts  for  colored  schools  when  laid  out  and  es- 

3ts  people  tablised  as  aforesaid,  may  be  changed  or  altered,  divided, 
consolidated  or  united  by  the  County  School  Commissions 
for  the  proper  county  at  any  time  within  the  space  of  one 
year  following;  but  not  afterwards,  except  in  the  manner 
hereinafter  provided  in  this  Act. 

In  determining  upon  the  number  of  districts  to  be  laid 
out  as  aforesaid,  each  commission  shall  be  limited  to  the 
number  of  colored  schools  in  existence  at  the  passage  of 
this  Act. 

Section  8.  At  the  elections  held  under  the  provisions 
of  Section  7  of  this  Act  in  the  districts  for  colored  schools, 
any  colored  male  person  over  the  age  of  twenty-one  years 
shall  have  a  right  to  vote.  In  the  apportionment  and  dis- 
tribution to  the  school  districts  by  the  Trustee  of  the  School 
Fund  in  the  month  of  September,  in  the  year  eighteen 
hundred  and  ninety-eight,  the  districts  for  colored  schools 
laid  out  and  established  under  the  provision  of  Section  7  of 
this  Act,  shall  be  entitled  to  share  therein,  and  none  of  the 
provisions  of  this  Act  as  to  the  witholding  of  a  district's 
share  in  such  apportionment,  shall  apply  to  the  districts 
aforesaid  in  said  first  apportionment  and  distribution. 

Section  9.     The  mode  of  having  property  tansferred 
from  one  school    district  to  another,   or  of  altering  the 
boundaries  of  existing  school  districts,  or  of  creating  new 
New  districts    districts  shall  be  as  follows: 


d£Sictsof 


Qualification 


Apportion- 


Transfer  of 

property 

boundaries 


A  petition  stating  the  object  sought  shall  be  presented 
to  the  County  School  Commission  of  the  proper  county  at 
any  of  its  stated  meetings:  signed,  in  the  case  of  a  peti- 
transfers  tion  to  transfer,  by  the  owner  or  owners  of  the  property 
affected,  or  in  the  case  of  a  petition  to  create  a  new  dis- 
trict by  twelve  or  more  freeholders  of  the  district  or  dis- 
tricts affected.  Notice  of  the  intention  to  present  such 


Petitions  to 
Commission 


For  new 
district 

Notice 


15 

petition  must,  in  all  cases,  have  been  posted  in  four  public 
places  in  the  district  or  districts  affected  and  a  copy  of 
the  same  transmitted  to  school  committee  of  each  district 
affected,  through  its  clerk,  ten  days  at  least  before  the 
presentaton  of  such  petition.     The  County  School  Commis- 
sion shall  then  determine  the  matter,  and  shall  certify  its  Determination 
finding  to  the  Clerk  of  the  Peace  of  the  county,  specifying,  Certiflcate 
when  the  prayer  of  the  petition  shall  have  been  allowed 
the  metes  and  bounds  of  the  new  districts,  and  of  the  al- 
terations in  the  boundaries  of  old  districts  by  the  transfer 
of  property.     A  new  district  shall  not  be  created  unless  it  New  districts 
be  made  to  appear  to  the  Commission  that  such  proposed 
new  district  shall  contain  at  least  thirty-five  children  over 
the  age  of  five  years,  and  that  at  least  that  same  number 
will  remain  in  each  of  the  old  districts  affected.     A  newNumbers 
district  thus  created  shall  be  numbered  in  continuation  of 
the  school  districts  of  the  county,  shall  be  subject  to  and 
have  all  the  rights  and  powers  given  by  all  the  laws  of  R^htrssand 
this  State  having  reference  to  free  public  schools.     The 
Commission  so  having  created   a  new  district   as   afore-  Notice  of 
said  shall  give  notice  in  writing,  at  least  ten  days  before meetings 
the  holding  of  the  first  regular  meeting  of  the  school  vo- 
ters to  be  held  in  districts  created  as  aforesaid,  of  the  time 
and  place  for  holding  such  meeting,  which  notice  shall  be 
posted  in  five  of  the  most  public  places  of  the  district.     A 
failure  to  give  notice  as  aforesaid  shall  in  no  wise  affect 
or  invalidate  an  organization  that  may  be  made  by  the 
school  voters  in  such  district,  provided  that  a  majority  of 
the  school  voters  of  the  district  be  present  at  any  meeting, 
held  without  notice  given  as  aforesaid.     The  finding  orMajorityof 
return  of  a  majority   of  the  members  of  the  Commission  to0™?*88*011 
upon  any  petition  as  aforesaid,  shall  be  as  effectual  and 
binding  as  if  made  by  all.     The  limits  of  the  school  dis-Lfmitsof 
tricts  so  created  and  alterations  of  the  limits  of  old  dis-districts 
tricts   by  division,  union  of   several  as  hereinafter  pro- 
vided, or  otherwise,  shall  be  recorded  in  the  office  of  the 
Clerk  of  the  Peace  of  the  proper  county;  and  the  number Numbers 
and  location*of  such  new  districts  and  the  alterations  of 
old  districts  shall  be  certified  to  the  Trustee  of  the  School 
Fund  by  said  Clerk  of  the  Peace: 


16 


County  School 
Comm'issiomr 


Power  to 
transfer 
real  estate 


Exception 


Petition  not 
necessary 


Notice  to 
owner  or 
occupant 


Whenever  any  of  the  County  School  Commisssioners  of 
the  State  shall  be  satisfied  that  any  real  estate  in  the 
County  of  its  jurisdiction  has  not  been  included  within 
the  limits  or  boundaries  of  any  school  district  for  the  two 
years  then  next  preceding,  then  and  in  such  case  the  said 
Commission  shall  have  the  right,  power  and  authority  to 
transfer  such  real  estate  to  any  school  district  of  the  said 
County  selected  by  said  Commission,  provided  said  school 
district  shall  at  the*  time  of  such  transfer  be  maintaining 
a  free  school  under  the  laws  of  this  State.  No  petition 
shall  be  necessary  in  order  to  empower  a  County  School 
Commission  to  act  in  the  cases  aforesaid,  but  the  Commis- 
sion shall  before  making  such  transfer,  give  the  owner  and 
occupant  of  such  real  estate  notice  of  the  time  and  place  of 
the  meeting  of  the  Commission  for  the  final  determination 
of  the  transfer.  Such  notice  may  be  sent  through  the  mail 
or  may  be  left  at  the  dwelling  house  being  on  the  real 
estate  aforesaid,  or  if  there  be  no  dwelling  house  there, 
may  be  posted  anywhere  on  said  real  estate,  five  days  at 
least  before  the  day  of  the  holding  of  the  meeting  aforesaid. 
When  any  transfer  as  aforesaid  shall  have  been  finally 
determind  upon,  the  Commission  shall  at  once  certify  its 
action  to  the  Clerk  or  Secretary  of  the  School  Committee  or 
Board  of  Education  of  the  District  to  which  the  transfer 
is  made.  It  shall  likewise  certify  its  action  to  the  Clerk 
of  the  Peace  of  the  County  who  shall  cause  a  record  of  the 
transfer  to  be  made  in  his  office. 

Section  10.  Two  or  more  school  districts  in  any  coun- 
ty may  unite  for  establishing  and  supporting  a  free  school 
for  their  common  benefit;  and  such  districts,  when  united, 
shall  be  one  district  by  the  name  of  "United  School  Dis- 
trict Nos. ,  in—  —  county. "  The  manner  of  forming 

a  union  of  districts  shall  be  this: 

1.  Notice  shall  be  given  in  each  district  which  it  is 
proposed  to  unite,  as  required  for  stated  meetings  in  the 
several  districts. 

2.  At  the  meeting,  thus  called  in  each  district  if  two 
thirds  of  the  voters  present  are  in  favor  of  the  union,  a 

committee      C0mmitte  of  three  of  such  voters  shall  be  appointed  to  ar- 


Cornmission 
to  certify 
transfer 

To  whom 


Uniting  and 


Name 


forming 


Notice 


Vote 


17 

range  the  terms  and  the  meeting  may  be  adjourned  tohearReport 
their  report;    if  a  majority  of  them  agree  upon  a  union Majority  to 
with  any  other  district  or  districts  and  settle  with  theagree 
terms  thereof,  the  same  shall  be  reported  to  an  adjourned 
meeting,  and  if  such  report  shall  be  adopted  by  two-thirds 
of  the  voters  present,  it  shall  be  obligatory,  and  the  dis-vote 
tricts  mentioned  shall  be  united;  provided  like  proceedings 
be  had  in  all  the  said  districts;  but  if,  in  either  district, 
the  report  be  not  adopted  by  a  vote  of  two-thirds,  this 
shall  not  defeat  the  union  between  the  other  districts  so 
adopting  it;  they  shall    be   united  and   the   other  shall  be 
excluded. 

3.     A  meeting  of  the  united  district  shall  be  then  held 
at  the  time  and  place  fixed  by  the  terms  of  the  union.     AtElcctlonof 
this  meeting,  a  school  committee  for  the  united  school  dis-committee 
trict  shall  be  chosen,   and  a  vote  may  be  passed  to  raise  vote  for  con- 
money  by  contribution,  but  not  by  tax.  This  meeting  shall tnb1 
also  inquire  into  the  proceedings  preparatory  to  the  union  Purpose  of 
of  the  districts  and  its  determination  thereupon  shall  be™ 
conclusive.     United  school  districts  shall  have  the  same 
powers  and  exercise  them  in  the  same  manner  as  original 
districts.      The   power   of  taxation   shall   extend   to  the 
amount  that  could  be  lawfully  raised  by  tax  in  the  several  Taxation 
districts  composing  such  united  districts,  if   acting  sepa- 
rately.    The  union  of  districts  shall  not  affect  the  account 
of  the  Trustee  of  the  School  Fund,  but  dividends  of  the  in- Dividend 
come  of  the  Fund  shall  be  apportioned  and  credited  to  the 
original  districts  as  before  the  union;  and  all  sums  placed 
to  the  credit  of  the  several  districts  of  which  the  union  is 
formed  shall  be  paid  upon  the  order  of  the  school  committee  now  paid 
of  the  united  district,  and  applied  to  the  use  of  such  dis- 
trict, upon  their  showing  that  a  sum  has  been  raised  suffi- 
cient to  entitle  these  several  districts  to  draw  their  divid- 
ends as  hereinafter  provided.     The  place  of  meeting  ofp]ace0f 
school  voters  of  a  united  school  district  shall  be  the  school meeting 
thouse  of  the  district;  or,  if  there  be  none,  then  one  at  the 
school  house  mentioned  in  the  notices,  which  shall  conform 
to  any  standing  order  of  the  school  voters.     A  proposal  to  Prop0!!al  for 
have  several  school  houses  in  a  united  district  may  be    ™ sch001 
brought  before  a  regular  meeting  of  the  school  voters  by 


18 


Power  of 
committee 


inserting  it  in  the  notices  of  such  meeting,  if  such  pro- 
posal is  made,  the  Secretary  shall  inquire  concerning  the 
regularity  of  the  notice  and  make  a  minute  of  the  fact. 
If  it  be  carried,  the  school  committee  shall  have  power  to 
execute  it. 


school  dis-  Section  11.     All   the   school   districts   of   this   State, 

tricts  con- 
tinued whether  single,   united,   consolidated  or  incorporated,   as 

they  were  established  at  the  time  of  the  passage  of  this 
Act,  shall  be,  and  they  are  hereby,  continued  school  dis- 
ticts  of  the  State,  by  the  same  names,  and  with  the  same 
metes  and  bounds,  as  they  severally  possessed  and  were  de- 
fined at  the  time  of  the  passage  of  this  Act  as  aforesaid; 
school  officers  and  the  several  Clerks  and  Commissioners,  or  Trustees,  or 
members  of  Boards  of  Eucation  in  any  or  all  of  said  dis- 
tricts at  the  time  of  the  passage  this  Act,  shall  be,  and 
they  are  hereby,  continued  as  such  Clerks,  Commissioners, 
Trutees  or  members  of  the  Boards  of  Education  for  any  or 
all  of  said  districts  tor  the  full  term  for  which  each  of  said 
Clerks,  Commissioners,  Trustees,  or  members  of  Boards  of 
Education  were  elected  or  chosen  at  the  meeting  of  the 
school  voters  last  preceding  the  passage  of  this  Act. 


Power  of 
districts  to 
hold  property 


Other  powers 


Suits 


Section  12.     Each    school    district,    by    the   name   of 
"School  District  No.  -        -  in  -        -  county"  or  "United 

School  District,  Nos.  -        -  in county'  (as  the  case 

maybe,  and  filling-  the  blanks  properly),  may  take  and 
hold  ground  for  a  school  house,  and  the  appurtenances  and 
furniture;  may  take  and  hold  by  devise  bequest,  or  dona- 
tion, real  and  personal  estate,  not  exceeding  in  clear  an- 
nual income  one  thousand  dollars,  for  the  use  of  the  free 
school  in  said  district,  and  may  alien  the  same;  may  take 
bond  from  the  collector,  or  from  the  clerk;  may  prosecute 
actions  upon  it,  and  any  action  for  injury  done  to  any  pro- 
perty of  the  district,  in  which  action  double  damages  and 
costs  shall  be  recovered;  and  also  any  action  for  a  forfei- 
ture or  penalty  due  to  the  district;  any  of  the  said  actions 
may  be  brought  before  a  Justice  of  the  Peace,  if  the  sum 
demanded  does  not  exceed  two  hundred  dollars,  and  said 
Justice  shall  proceed  as  in  other  demands  of  like  amount; 
may,  where  it  appears  upon  settlement  by  the  school  com- 


19 

m  it  tee  of  the  districts  that  there  is  due  from  said  commit- 
tee of  the  district  any  sum  of  money  actually  received  by 
said  committee,  bring  an  action  of  debt  against  the  said  com- 
mittee, or  the  survivor  or  survivors  of  them  in  their  indi- 
vidual names  for  recovery  of  the  same  as  also  for  the  penalty 
provided  by  this  Act,  and  judgment  thereon  shall  be 
given  as  in  other  cases,  and  may  be  executed  accordingly; 
such  action  no  matter  what  the  sum  demanded  be,  may  be 
brought  before  a  Justice  of  the  Peace,  and  shall  be  pro- 
ceeded in  as  other  actions  within  the  jurisdiction  of  such 
Justice  are,  and  the  remedy  hereby  provided  shall  have  a 
retroactive  effect:  and  may  sue  for  and  recover  in  an  action 
of  debt  any  sum  or  sums  of  money  due  to  the  district,  and 
may  bring  such  action  against  any  member  of  a  late  school 
committee  of  the  district,  or  any  other  person  whomsoever 
who  may  have  any  money  belonging  to  the  district  in  his 
possession,  or  who  may  in  any  other  manner  be  indebted 
to  the  district,  and  the  remedy  hereby  given  shall  have  a 
retroactive  effect.  A  school  district  shall  not  possess  any  Not  to  possess 

, ,  r-  -I   •  corporate 

other  corporate  power  or  franchise.  powers 

Section  13.  Every  male  person  residing  within  the  voting 
district,  and  having  right  to  vote  for  Representatives  inqualifi 
the  General  Assembly,  and  having  paid  his  school  tax  for 
the  preceding  vear  and  every  female  person  above  the  age 
of  twenty-one  years,  residing  as  aforesaid,  and  having 
paid  a  school  tax  in  the  district  where  she  resides,  for  the 
oreceding  year,  shall  be  entitled  and  qualified  to  vote  at  all 
school  elections  in  such  district  and  from  and  after  the 
passage  of  this  Act,  every  female  person  of  the  age  aforo- 
said,  residing  in  an  incorporated  district,  and  having  paid 
a  tax  as  aforesaid,  shall  be  entitled  and  qualified  to  vote 
at  all  school  elections  in  such  incorporated  districts.  Pro- 
vided however,  that  no  white  person  shall  have  a  right  to 
vote  at  any  meeting  of  colored  school  voters  in  any  dis- 
trict, and  no  colored  person  shall  have  a  right  to  vote  at 
any  meeting  of  white  school  voters  in  any  district.  If  any  renaltv  for 
person,  not  being  so  qualified,  shall  vote  at  any  school  v 
meeting  or  election,  such  person  shall  be  deemed  guilty  of 
misdemeanor,  and  shall  be  fined  fifteen  dollars  by  any  Jus- 
of  the  Peace  in  the  proper  county. 


20 


Time  of 
meeting 


stated  meeting  Section  14.  A  stated  meeting  of  the  school  voters  of 
each  school  district  shall  be  held  on  the  last  Saturday  in  June 
except  in  New  Castle  County,  where  such  meetings,  exclu- 
sive of  those  held  in  incorporated  cities  and  towns  shall  be 
on  the  first  Saturday  in  June  of  each  year,  at  2  o'clock  in 
the  afternoon  except  District  No.  8  in  New  Castle  County, 
where  such  meeting  shall  be  held  from  half-past  four  to 
six  in  the  afternoon.  The  place  for  such  meeting  shall  be 
the  school  house  of  the  district,  or,  if  there  be  none,  at 
some  place  appointed  by  the  County  School  Commission  of 
the  proper  county.  Such  meeting  shall  be  kept  open  for 
at  least  one  hour.  Any  number  of  voters  present  shall 
proceed  to  business,  and  their  acts  shall  be  valid. 


Place 


Hour  open 


Order  of 
business 


be: 


The  order  of  business  for  such  stated  meetings  shall 


1.     The  appointment  of  a  chairman  and  secretary. 


2.  The  report  of  the  old  committee  of  the  district, 
and  the  appointment  of  a  special  committee  to  audit  the 
accounts. 

3.  The  election  by  ballot,  by  a  majority  of  the  votes 
cast,  of  one  member  of  the  school  committee  to  serve  for 
the  term  of  three  yeears  as  a  successor  to  the  member 
whose  term  shall  at  the  time  expire;  provided,  that  at  the 
first  stated  meeting  of  any  school  district  formed,  laid  out, 
or  created  after  the  passage  of  the  Act,  there  shall  be 
elected  in  the  manner  aforesaid,  a  clerk  to  serve  for  the 
term  of  three  years  thereafter,  and  two  commissioners, 
one  for  the  the  term  of  two  years,  and  another  for  the 
term  of  one  year,  or,  in   each   case,  until   a   successor   be 
chosen;  and  the  election  in  like  manner  to  fill  all  vacancies, 
or  unexpired  terms,  occasioned  by  death,  or  otherwise,  of 
any  member  of  said  committee. 

4.  To  resolve  whether  any  sum  above  that  required  to 
be  raised  by  law,  shall  be  raised  for  the  ensuing  year  and 
if  it  shall  be  resolved  to  raise  such  an  additional  amount, 
to  determine  by  ballot,  by  a  majority  of  the  votes  cast, 
whether  such  amount  shall  be  raised  by  tax,  or  by  sub- 
scription. 


21 

A  stated  meeting  may,   after  the  appointment  of  a  Adjourned 
chairman  and  secretary,  be  adjourned  and  the  proceedings  m< 
of  the  adjourned  meeting  shall  be  of  the  same  nature  and 
force,  except  as  to  a  tax,  as  if  had  at  the  original  meeting. 
If  the  annual  stated  meeting  shall  not  be  held  in  any 
trict,  or  if  the  school  committee  shall  not  then  be  elected, 


the  district  shall  not  thereby  lose  the  power  to  proceed, 
but  meetings,  adjourned,  occasional,  or  stated,  may  be  held. 

Occasional  meetings  of  the  school  voters  of  a  district  occasional 
may  be  called  by  the  school  committee,  by  advertisement  m< 
stating  the  business  of  the  meeting,  and  posted  as  required 
for  stated  meetings.      They  must  be    held  at    the  place 
where  stated  meetings  are  held.     At  such  meeting,  any 
number  of  voters  present  may  transact  any  business  men-  Business 
tioned  in  the  advertisements  but  no  other.     The  secretary  Duty  of 
shall  make  a  note  of  the  business  mentioned  in  the  adver-Secretary 
tisement,   and  where  and  when  they  were  posted;  these 
entries  shall  be  conclusive,  unless  proved  fradulent;  and 
the  making  of  fraudulent  entries  shall  be  a  misdemeanor,  entries116" 
punishable  by  a  fine,  not  exceeding  one  hundred  dollars.      Penalty 

It  shall  be  the  duty  of  the  clerk  of  the  district  to  giveNoticeof 
notice  of  stated  and  occasional  meetings,   by  advertise-  meetings 
ments,  under  hand,  of  the  day,   hour  and   place  thereof, 
posted  in  five  or  more  public  places  of  the  district  at  least 
five  days  before  the  meeting  ;  and  if  he  neglects  this  duty  Neglect 
he  shall  forfeit  and  pay  to  the  district  ten  dollars;  but  thepeiialty 
want  of  such  notice  shall  not  make  the  acts  of  the  meet- 
ing void.     If  there  be  no  clerk,  the  commissioner  or  com- 
missioners shall  give  notice  under  the  same  penalty;  and 
if  there  be  no  member  of  the  committee  to  give  such  no- 
tice,  it  shall  be  given  by  the  Clerk  of  the  Peace,   on  appli- 
cation of  five  or  more  of  the  school  voters  of  the  district. 
No  vote  respecting  a  tax  shall  be  taken  at  any  other  time  Vole  fortax 
than  the  stated  annual  meeting,  or  the  substitute  therefor. 
Three  certificates   of   the   proceedings   of   every  meeting  Certificat 
of  school  voters  shall  be  made  and  signed  by  the  chairman 
and  secretary;  one  shall  be  delivered  to  the  clerk  of  the  ])elivering 
district,  one  to  the  Auditor  of  Accounts,  and  one  to  the 
Clerk  of  the  Peace  of  the  County,  to  be  kept  as  a  public 
record. 


22 


Neglect 
Penalty 


Failure  to 

deliver 

certificates 


Who  to  act 


Notice  of 
meeting 

Statement  of 
business 

Powers 

Regulation  of 
meeting 


Furnishing 
maiSfonerseora 


If  the  chairman  or  secretary  shall  neglect  his  duty  in 
this  respect  for  the  space  of  one  month,  he  shall  be  deemed 
guilty  of  a  misdemeanor  and  fined  fifty  dollars. 

If  the  certificates  be  not  so  delivered  within  one 
month,  the  proceedings  of  the  meeting  shall  be  void,  and 
the  school  committee  in  office,  next  before  such  meeting, 
shall  continue  in  office,  so  far  as  to  call  another  meeting, 
and  shall  proceed  to  do  so  by  advertisements  posted  as  re- 
quired for  stated  meetings.  A  statement  that  the  poceed- 
ings  of  the  last  meeting  have  not  been  duly  returned,  shall  be 
sufficient  statement  of  the  business;  and  at  a  meeting  so 
called,  the  school  voters  shall  have  power  to  do  any  act  which 
they  could  do  at  the  preceding  meeting;  and  the  meeting 
shall  be  regulated  by  the  law  applicable  to  the  preceding 
meeting,  and  shall  be  a  substitute  therefor. 

Immediately  upon  the  election  of  commissioners  in  sin- 
^e  or  united  districts,  or  members  of  the  Board  of  Educa- 
tion in  incorporated  districts,  the  Secretary  or  Clerk  of  the 
Commissioners  or  Board  of  Education,  as  the  case  ma^  be, 
shall  transmit  to  the  Clerk  of  the  Peace  of  the  proper 
county,  the  names  and  addresses  of  the  Commissioners  or 
members  of  the  Board  of  Education  elected  for  the  ensuing 
year,  which  names  and  addresses  shall  be  furnished  the  su- 
perintendent of  public  schools  for  the  proper  county,  the 
State  Auditor  and  the  Trustee  of  the  School  Fund,  by  said 
Clerk  of  the  Peace. 

supervision  of  Section  15.  The  supervision  and  control  of  the  free 
public  schools  in  each  district  in  this  State  now  established 
or  hereafter  to  be  established  under  the  provisions  of  this 
Act  (subject  to  the  general  powers  hereinbefore  vested  in 
the  State  Board  of  Education  and  the  several  County 
School  Commissions),  shall  be  vested  in  a  school  committee 
for  each  district;  which  shall  be  composed  of  a  clerk  and 
two  commissioners,  who  shall  serve  for  three  years  from 
the  time  of  their  respective  elections,  or  until  their  suc- 
cessors are  duly  qualified.  The  members  of  the  said 
school  committees  shall  be  chosen  or  elected  as  provided 
in  Section  14  of  this  Act.  Before  entering  upon  the  duties 
of  their  office,  each  member  of  said  committee  shall  be 


schools  in 
school  com- 
mittee 


How  rommit- 
tee  composed 


Term 


Election 


Oath 


23 

sworn  or  affirmed  to  perform  the  said  duties  of  his  office  ro^.ers  and 
with  fidelity.  Any  member  of  the  new,  or  of  a  late  commit- duties 
tee  may  administer  such  oath  or  affirmation.  The  powers 
and  duties  of  the  school  committee  shall  be :  To  determine  the 
site,  lease  or  purchase  the  necessary  ground,  and  build  or 
procure  a  suitable  school  house  for  the  district,  which 
shall  be  as  near  the  centre  of  the  district  as  practicable, 
and  which,  when  built  or  procured,  shall  not  be  removed 
nor  another  built  or  procured  without  the  direction  of  the 
school  voters  of  the  district  at  a  stated  meeting;  to  keep 
the  school  house  in  good  repair  and  insure  it  against  loss 
by  fire,  and  to  supply  it  with  necessary  furniture  and  fuel, 
and  to  bring  action  for  any  injury  to  it;  to  keep  the  school 
open  for  at  least  one  hundred  and  forty  days  in  each 
school  year;  to  visit  it  at  least  once  in  each  quarter  of  said 
school  year;  to  employ  a  teacher  or  teachers  who  shall  be 
well  qualified  mentally  and  morally  for  the  position,  pro- 
vided, that  no  teacher  shall  be  so  employed  who  does  not 
hold  the  certificate  of  the  County  Superintendent  for  the 
proper  county  for  the  year  in  which  such  teacher  is  em- 
ployed, except  where  such  teacher  is  employed  for  spe- 
cialist work  merely  as  set  forth  in  Section  16  of  this  Act; 
to  dismiss  a  teacher  for  cause;  to  make  regulations  for  the 
government  of  the  schools  in  which  the  expulsion  of  a 
scholar  for  obstinate  misbehavior  may  be  provided;  and  to 
collect  and  receive  the  money  required  by  this  Act  to  be 
raised  by  the  districts  in  Sections  18  and  19  and  to  receive  and 
collect  all  money  belonging  to,  appropriated,  or  resolved  to 
be  raised  by  the  district, and  to  apply  and  expend  the  same 
justly;  to  pay  over  to  the  successor  in  office  any  balance 
remaining  at  the  expiration  of  the  term  of  office;  to  make 
up  the  assessment  list  of  the  district  and  to  provide  for  the 
collection  of  all  school  taxes,  as  set  forth  in  Sections  18, 
19  and  20  of  this  Act;  to  perform  the  several  duties 
required  of  its  members  by  Section  22  of  this  Act  concern- 
ing free  text  books;  to  settle  the  accounts  of  the  district 
with  the  Auditor  and  post  copies  of  the  same,  as  provided 
in  this  Act;  to  present  the  account  so  settled  as  aforesaid, 
and  make  general  report  as  to  the  conditions  of  the  school 


24 


Vacancies 
how  filled 


and  the  like  and  stating  when  and  for  what  length  of  time 
the  school  was  visited  by  its  members,  to  the  school  voters 
of  the  district  at  their  annual  stated  meeting;  to  give  the 
required  notices  of  all  meetings  of  the  school  voters  of  the 
district  as  provided  in  Section  14  of  this  Act;  to  institute 
any  and  all  actions  as  provided  in  Section  12  of  this  Act 
which  may  accrue  to  the  district;  to  perform  the  further 
and  other  duties  set  forth  in  Section  16  of  this  Act;  and 
generally  to  do  all  acts  and  things  requisite  for  affecting 
the  premises 

Actgof  The  acts  of  a  majority  of  the  members  of  a   school 

majority  valid  committee  shall  in  all  cases  be  as  valid  and  effectual  as  if 
done  by  all. 

Vacancies  in  the  committee  shall  be  filled  by  the  school 
voters  of  the  district  as  provided  in  Section  14  of  this  Act. 

Duties  of  cierk        The  special  duties  of  the  clerk  of  each  school  committee 
shall  be: 

To  give  notice  of  meetings  of  the  school  voters  of  the 
district  as  required  by  Section  14  of  this  Act;  to  perform 
the  several  duties  enjoined  upon  him  by  Section  22  of 
this  Act;  concerning  free  text  books,  to  keep  a  record 
book  of  the  district,  in  which  he  shall  enter  its  bounds 
and  description,  and  any  changes  therein,  a  copy  of  the 
certificate  of  the  proceedings  of  every  meeting  of  the 
school  voters,  the  proceeding  of  the  school  committee,  and 
the  names  of  the  scholars  attending  the  school,  a  list  of 
whom  shall  be  furnised  by  the  teacher,  which  book  shall  be 
evidence;  and  shall  also  keep  all  papers  belonging  to  the 
district,  or  to  the  committee. 

If  any  Comissioner  or  Clerk  of  any  school  district 
shall  misappropriate  any  funds  in  his  hands  belonging  to 
the  school  district  in  which  he  is  such  comissioner  or  clerk, 
he  shall  be  deemed  guilty  of  a  misdeameanor,  and  upon 
conviction  thereof,  by  indictment,  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  five  hundred  dollars, 
together  with  the  costs  of  prosecution,  and  upon  failure  to 
pay  such  fine  and  costs,  he  shall  be  imprisoned  not  less  than 
three  months  nor  more  than  two  years.  This  provision 


ropria- 
funds 


Penalty 


25 

shall  be  deemed  and  taken  to  be  accumulative,  and  shall 
not  affect  or  impair  the  individual  liability  of  any  such 
Commissoner  or  clerk  in  any  civil  suit  which  may  be 
brought  against  him. 


The  members  of  each  school  committee  shall  pay  t/ojj^wg*^ 
their  successors  in  office  all  money  due  from  them,  and  if  cessors 
they  neglect  to  do  so  for  ten  days,   they  or  any  one  of  Penaltyfor 
them,  shall  forfeit  and  pay  twenty-five  per  cent  on  the  sum  neelect 
due  in  addition  to  the  amount  so  due  as  aforesaid. 

The  members  of  the  school  committee  shall  receive  no  N<Mx>mpen*a- 
salary  or  emolument,  but  for  attendance  before  the  auditor, 
as  provided  in  Section  26  of  this  Act,  they  shall  be  allowed, 
in  their  account,  one  dollar  each  per  day,  and  three  cents  Allowance 
each  per  mile  of  necessary  travel. 

Section  16.     Each  School  Committee  and  each  Board  of  superintend- 
Education  of  every  incorporated  district,  immediately  upon  fiedofbseiec-l~ 
the  selection  of  a  teacher  or  teachers  for  any  school  or lu 
schools  under  its  supervision,  shall  notify  the  County  Su- 
perintendent for  the  proper  county  of  such  selection,  stat- 
ing the  name,  addresses  and  salaries  of  such  teacher  or 
teachers. 

It  shall  be  the  duty  of  each  School  Committee  and  of  Flag  on  school 
each  Board  of  Education  of  incorporated  districts  to  see  K 
that  a  flag  of  the  United  States,  not  less  than  eight  feet 
long  and  six  feet  wide,  is  displayed  on  a  suitable  flag  staff 
with  proper  appliances  upon  each  school  building,  or  near 
the  same,  in  the  district,  during  school  hours 

It  shall  be  the  further  duty  of  each  of  the  said  Com-  Maps  in 
mittees  and  of  said  Boards  of  Education  to  see  that  at'0 
least  one  proper  and  correct  map  of  the  United  States,  not 
less  than  four  feet  long  and  three  feet  wide,   and  at  least 
one  proper  and  correct  map  of  the  State  of  Delaware,  not 
less  than  three  feet  by  two  feet,   are  exposed  to  view  in 
some  public  and  convenient  place  in  each  school  house  in 
the  district. 

It  shall  be  the  further  duty  of  each  of  said  Committees 
and  Boards  of  Education  to  see  that  all   the  pupils  in  all 


26 


Instruction  in 
physiology  and 
hygiene 


Failure  to  so 
instruct 


Penalty 


School  officer 
ordering 
teacher  not  to 

Penalty 


Unlawful  to 
employ 
teacher  not 
holding  cer- 
tificate 


Exception 


Penalty 


state  an 


Joint  or  graded 
schools 


the  free  schools  in  the  district  are  instructed  in  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants  and  narcotics  upon  the  human  sys- 
tem, and  to  see  that  all  the  said  schools  are  sufficiently  sup- 
plied with  such  text  books  relating  to  such  subjects  as  are 
furnished  the  district  in  the  distribution  of  free  text  books 
hereinafter  provided.  Any  teacher  in  any  of  the  free 
schools  of  the  State,  failing  to  so  instruct  all  the  pupils 
under  his  governance,  shall, unless  ordered  to  the  contrary 
by  a  school  officer  having  authority  over  him,  be  liable  to 
a  fine  of  twenty-five  dollars,  to  be  recovered  before  any 
Justice  of  the  Peace  of  the  proper  county  by  any  informer, 
and  any  school  officer  ordering  a  teacher  under  him  not  to 
instruct  the  pupils  as  aforesaid  shall  be  liable  to  like  fine, 
recoverable  as  aforesaid  by  any  informer. 

It  shall  be  unlawful  for  any  School  Committee  of  a 
district,  or  any  Board  of  Education  of  an  incorporated  dis- 
trict, to  employ  as  a  teacher,  or  permit  to  continue  to 
teach,  any  person  who  does  not  hold  an  unexpired  certifi- 
cate from  the  County  Superintendent  for  the  proper  county 
except  such  teacher  be  employed  for  specialist  work 
merely,  such  as  drawing,  music  and  the  like,  under  penalty 
of  having  withheld  from  the  district  in  which  such  person 
is  employed  or  permitted  to  teach,  its  share  of  the  State 
appropriation  for  the  year  of  such  employment  or  teaching. 

It  shall  be  the  further  duty  of  each  School  Committee 
and  Board  of  Education  in  this  State  to  see  that  the  pupils 
in  any  class  or  classes  in  the  school  who  are  instructed  in 
United  States  history  by  the  teacher  employed  in  the 
school  shall  also  be  instructed  by  the  said  teacher  in  the 
general  principles  of  the  Constitution  of  the  United  States 
and  that  of  this  State. 

The  respective  School  Committees  of  adjoining  dis- 
tricts shall  have  power  to  make  such  arrangements  for  the 
establishment  of  a  school  or  schools  for  the  joint  benefit  of 
the  children  of  such  adjoining  districts  as  they  may  deem 
proper  and  advisable. 


27 


Every  School  Committee  and  every  Board  of  Education 
in  this  State  shall  have  power,  and  it  shall  be  their  duty,  miesand 


to  make  any  and  all  such  rules  and  regulations  governing  rei 

the  pupils  of  the  districts  as  they  shall  deem  proper  or  nec- 

essary to  the  health  of  such  pupils,  and  the  prevention  of 

the  spread  of  contagious  or  infectious  diseases,  and  to  this 

end  may,  if  they  deem  advisable,  provide  for  the  free  vac-  vaccination 

cination  of  such  pupils. 

The  Board  of  Education  of  each  incorporated  school  Admission  of 
district  in  this  State  may,  and  unless  the  needs  of  the  Sr!ctsfto  th' 
pupils  residing  in  such  incorporated  district  shall  render  it  department! 
unadvisable   shall,  upon   application,  admit  to  the  higher 
departments  of  such  incorporated  schools  advanced  pupils 
from  other  districts,  upon  such  terms  as  the  said  Board  of 
Education  shall  deem  proper  and  reasonable;  and  the  school 
committee  of  the  district  where  the  children  so  admitted 
reside,  may,  in  its  discretion,  allow  the  amount  or  amounts 
prescribed  by  any  such  Board  of  Education  for  the  admis- 
sion of  such  pupils  as  aforesaid. 

Section  17.     In  case  the  School  Commissioners  of  any  Securing  Ei(e 
school  district  shall  not  be  able   to  procure  by  agreementh°0ru*ceh0( 
with  the  owner  a  lot  of  land  suitable  and  proper  for   the 
erection  of  a  school   house  for  the  use  of  the   district,   it 
shall  and  may  be  lawful  for  the  said  School  Commissioners 
to  apply  to  the    Levy  Court   of   their   county,    who   shall 
thereupon  appoint  three  judicious  and  impartial  freeholders  Freeholders 
of    said    county,    residing     without    the    limits    of    said 
school  district,  to  select   a  site  for  such  school  house  and 
appurtenances,  not  to  exceed  half  an  acre  in  any  case.  The 
said  commissioners  shall,  as  soon  as  conveniently  possible  Dutyoi 
after  the  said  appointment,  notify  the  said  freeholders  and 
fix  a  day  when  they  shall  meet  in  said  district  to  select 
such  site,  and  shall  also  give  notice  to  the  inhabitants  of  Notice 
said  district  of  the  time  so  fixed,  by  notices  posted  in  five' 
of  the  most  public  places  in  said  district  at  least  ten  days 
before  the  day  of  meeting.     The  said  freeholders  shall,  on 
the  day  so  fixed,  proceed  to  the  said  district,  taking  with 
them  a  surveyor,  if  necessary,  and  shall  select  such  site  asplot  etc 


28 


they  may  deem  most  suitable  for  the  purposes  aforesaid, 
and  shall  cause  a  plot  and  description  of  the  same  to  be 
made  out  and  delivered  to  the  commissioners,  who  shall, 
within  thirty  days  after  such  delivery,  lodge  the  same  in 
the  Recorder's  office  of  the  proper  county,  to  be  recorded. 
dS!S?fnt  °f  The  said  freeholders  shall  also,  at  the  time  of  selecting  and 
locating  the  site,  assess  the  damages  of  the  owner  or 
owners,  taking  into  conideration  all  circumstances  of  con- 
venience or  injury,  but  in  making  such  assessment,  they 
shall  allow  at  least  the  cash  value  of  the  land  taken,  and 
shall  certify  their  award  to  both  parties,  owners  and  com- 
missioners, whereupon,  on  payment  of  the  damages,  so 
assessed,  the  said  land  so  taken  shall  become  and  be  the 
property  of  the  said  school  district  for  the  purpose  afore- 
said. In  case  any  such  owner  or  owners  be  a  minor,  non- 
resident, or  from  any  cause  incapable  of  receiving,  or 
unwilling,  or  neglecting  to  receive  said  damages,  the  said 
School  Commissioners  may  deposit  the  same  to  the  credit  of 
such  owner  or  owners,  in  the  Farmers'  Bank  of  the  State 
of  Delaware,  or  any  branch  thereof,  and  such  deposit  shall 
operate  as  payment. 


Deposit  of 
damages 


Failure  to 
meet 


In  case  the  said  freeholders  should  fail  to  meet  on  the 
day  fixed,  the  commissioners  may  call  them  out  again  upon 
like  notice  to  the  district,  as  above  provided.     The  said  free- 
Adjournment  holders  shall  have  power  to  adjourn  from  time  to  time. 
Decisions        The  decision  of  a  majority  shall  be  as  valid  as  that  of  the 
whole. 


Fees  and 
expenses 


Duty  of  School 
Committees 
of  school 
districts  to 
make  assess- 
ment lists 


What  lists 
shall  show 


The  fees  of  the  freeholders  shall  be  one  dollar  per  day. 
All  the  expenses  shall  be  borne  by  the  district. 

Section  18.  It  shall  be  the  duty  of  the  school  commit- 
tees of  the  several  school  districts  for  white  children  in 
the  State,  to  make  assessment  lists  for  their  respective  dis- 
tricts. Such  lists  shall  consist  of  the  rates  of  persons  of 
all  the  white  male  inhabitants  of  the  district  over  twenty- 
one  years  old;  of  the  rates  of  the  personal  property  of  all 
the  white  inhabitants  of  the  district;  of  the  rates  of  all 
assessable  personal  property  within  the  district  owned  by 
Habie  any  association  or  incorpoation,  and  of  the  clear  rental 
value  of  all  the  assessable  real  estate  within  the  district 


29 

owned  by  white  persons,  associations  or  corporations.  The 
personal  property  of  all  white  persons,  associations  or  cor- 
porations, now  subject  to  tax  for  school  purposes  in  the 
school  district  shall  be  liable  to  assessment  and  tax 
for  school  purposes  in  the  school  district  only  in  which 
it  is  actually  located;  and  it  shall  be  the  duty  of  the 
school  committee  of  the  several  districts  for  white 
children  as  aforesaid  within  the  limits  of  this  State, 
making  the  assessment  lists  for  their  respective  dis- 
tricts, to  place  thereon  the  rates  of  the  personal  prop- 
erty now  subject  to  tax  for  school  purposes  in  the 
school  district  in  which  it  has  an  actual  location,  irrespec- 
tive of  the  residence  of  the  owner  thereof.  The  school 
committees  of  the  several  school  districts  within  this  State 
shall  not  take  the  rates  of  personal  property  from  the 
assessment  lists  of  the  hundred  in  which  it  stands  asessed view 
at  the  time,  but  shall  fix  the  rates  of  personal  property  for 
their  respective  school  districts  upon  personal  view  there- 
of, or  other  sufficient  information  of  the  owners,  or  persons 
having  control  of  the  same.  The  assessment  list  of  each 
school  district  as  aforesaid,  shall  only  include  the  personal 
property  actually  located  therein ;  provided,  that  no  proper-  incaiud°eVrop- 
ty  shall  be  assessed  for  school  purposes  under  the  pro-6 
visions  of  this  Act,  which  is  exempted  from  taxation  for  Exemption 
county  purposes. 

They  shall  assess  the  clear  rental  value  beyond  reprises  Listof 
of  all  the  assessable  real  estate  in  the  district,   and  make assessables 
out   a   list   of    the    names   of    the    persons    assessed,   in 
alphabetical  order,  the  rates  of  persons,  and  of  personal 
property,   number  of  acres,  o-r  other  description  of  real 
estate,   and  clear   rental   value   thereof.     When   the   line 
between  two  districts  crosses  the  lands  of  person  occupied  two  districts 
in  one  body,  the  whole  of  such  lands  shall  be  assessed  in 
the  district  where  the  dwelling  house  is,   and  no  part  in 
the  other;  provided  that  any  tenant  residing  on  such  lands 
in  an  adjoining  district,  shall,  at  his  election,   communi- 
cated in  writing  to  the  school  committee  of  such  adjoining 
district,  at  any  time  prior  to  the  completing  of  the  assess- 
ment list,  be  only  assessed,  and  have  school  privileges  in 
the  district  in  which  such  tenant  resides. 


30 


tion 


New  Castle 
County 

Kent  County 


It  shall  be  the  duty  of  the  School  Commissioners  in 
each  of  the  districts  aforesaid,  annually,  in  the  month  of 
July,  to  assess  and  levy  without  regard  to  any  vote  thereon, 
in  each  of  their  respective  districts,  that  is  to  say:  in  each 
of  the  school  districts  in  New  Castle  County  the  sum  of  one 
hundred  dollars;  in  each  of  the  school  districts  in  Kent 
County  the  sum  of  one  hundred  dollars,  and  in  each  of  the 
Sussex  county  school  districts  in  Sussex  County,  the  sum  of  sixty  dollars, 
to  be  applied  to  the  support  of  the  schools  of  their  districts 
respectively. 

A  copy  of  the  assessment  list  shall  be  posted  in  some 
public  and  suitable  place  of  the  district  for  inspection;  arad 
the  committee  shall,  by  advertisement  in  at  least  five  public 
places  in  the  district,  give  notice  that  said  list  is  posted, 
and  where;  and  of  the  day,  hour  and  place  (not  less  than 
five  days  thereafter),  of  their  sitting  to  hear  objections  to 
it.  Upon  such  hearing,  the  said  committee  shall  make  all 
such  just  corrections,  and  add  anything  omitted.  The 
committee  may  adjourn  if  necessary. 

The  list,  when  settled,  shall  be  conclusive,  and  shall 
stand  until  the  next  assessment  in  the  district  when  a  new 
list  shall  be  made  for  each  school  district.  And  every  year 
the  committee  shall  make  proper  additions  and  alterations 
in  case  of  other  persons  or  property  becoming  assessable 
or  being  omitted,  or  in  case  of  death  or  removal. 

proceedings  The  proceedings  of  the  committee  shall  not  be  ques- 

tioned except  for  fraud  or  corruption. 

The  several  school  committees  selected  shall,  annually, 
on  oath  or  affirmation  revise  and  adjust  the  assessments  of 
rental  values  in  their  respective  districts  so  as  to  make 
them  bear  a  due  proportion  to  each  other,having  regard  to 
their  productiveness  to  their  several  owners. 

As  soon  as  said  assessments  have  been  so  adjusted,  it 
shall  be  the  duty  of  the  clerks  of  the  several  districts  to 
direct  a  letter  to  the  address  of  each  non-resident  whose 
rental  valuation  has  been  assessed  in  any  district,  stating 
the  amount  of  his  or  her  rental  valuation  in  any  of  said 


Posting  assess 
ment  lists 


Notice 


Appeals  and 
corrections 


List  to  be 
conclusive 


Annual  addi- 
tions and  al- 
terations 


Annual  revi- 
sions and  ad- 
justments 


Notice  of  as- 
sessment to 
non  residents 


31 

districts,  and  the  day  and  hour  when  the  school  committee 
will  sit  as  a  Court  of  Appeal  to  hear  any  objections  that 
may  be  made  to  said  assessments. 

Section  19.     All  the  provisions  of  Section  18  of  this  Provisions  to 

apply  to  coi- 
Act  concerning  the  making  of  assessment  list,  shall  apply  ored schools 

to  the  several  school  committees  to  be  elected  in  the 
several  districts  for  colored  schools,  to  be  laid  out  and 
created  under  the  provisions  of  this  Act,  except  that  the 
word  ''colored'7  shall,  in  regard  to  said  committees  for 
said  colored  schools,  be  deemed  and  taken  to  be  inserted  in 
the  place  and  stead  of  the  word  ''white,"  where  the  latter 
word  appears  in  said  Section  18;  and  except  further,  that  sum  to  be 

,  ,   ,  .  ,  . . ,  ,.  .  i      , .     .     .    L     raised  by  tax 

the  sum  to  be  raised  by  said  committee  for  said  districts  in  colored 
for  colored  schools  by  levy  and  assessment  in  each  of  said"c 
districts  without  regard  to  any  vote  thereon,  shall  be  the 
sum  of  fifty  dollars  for  each  district  situated  and  being  in 
either  of  the  Counties  of  New  Castle   and  Kent,   and  theN.  c.  ana 
sum  of  thirty  dollars  fur  each  district  situated  and  being  M 
in  the  County  of  Sussex    instead  of  the  several  sums  or  Sussex  county 
amounts  specified  in  said  Section. 

Section  20.     Upon  the  completion  of  the  assessment  Determination 
and  levy  of  the  school  tax  in  the  school  districts  in  this° 
State   by    the  respective  school  committees,   as  provided 
in  Sections  18  and  19,  each  school  committee  shall  deter- 
mine the  rate  on  every  hundred  dollars  of  the  amount  of 
the  assessmet  list  required  to  raise  the  sum  levied  with 
ten  per  centum  added  thereto  for  delinquencies  and  costs 
of  collection.     After  determining  the  rate  as  aforesaid,  it 
shall  and  may  be  lawful  for  each  of  said  school  committees 

Committee 

to  accept  and  receive  the  tax  of  each  and  every  person 


liable  to   pay   the   same,    who   shall   tender  the   payment  August  10 
thereof  before  the  tenth  day  of  August  in  the  year  in  which 
said  tax  shall  be  levied,  and  the  committee   shall   allow  to 

,   .  .,,   .  .  ,     .  .  Abatement 

every  person  so  paying  his  tax  within  said  time,  an  abate- 
ment of  eight  per  cent,  upon  said  tax. 

It  shall  be  the  duty  of  each  of  said  school  committees,  \varraut  and 
on  the  tenth  day  of  August  in  each  year,   or  as  soon  there- 
after as  practicable,   to  execute  and  deliver  its  warrant 


32 


Delivery  of 


Proceedings 
and  power  of 
collector 


Attachment 


Suit 


Form  of 
warrant 


with  duplicate  of  the  uncollected  assessment  list  to  a  collec- 
tor specially  appointed  by  the  school  committee  or  to  the 
collector  of  county  taxes  for  the  hundred  or  districts  in 
which  said  school  districts  may  be  situated  and  the  said  col- 
lector shall  be,  and  he  is  hereby  required  to  accept  the 
same  and  collect  the  taxes  thereon  assessed. 

To  execute  said  warrant,  the  said  collector,  shall  pro- 
ceed in  the  manner,  and  have  all  the  powers  of  a  collector 
of  county  taxes;  and  it  shall  be  and  may  be  lawful  for  any 
school  tax  collector,  after  demand  made  by  him  for  the  pay- 
ment of  the  tax  assessed  against  any  inhabitant  of  the 
school  district  for  which  he  is  collector,  and  the  failure  of 
said  taxable  to  pay  the  same  on  said  demand,  to  give  writ- 
ten notice  to  any  person  residing  in  the  county  wherein 
said  district  is  located,  whom  he  may  suppose  to  have  in 
his  possession  any  goods  or  chattels,  rights  or  credits, 
moneys  or  wages  belonging  or  owing  to  said  taxable,  stat- 
ing the  amount  of  taxes  due  from  said  delinquent  taxable, 
and  if  the  person  so  served  with  notice  shall  fail  to  deliver 
such  goods  and  chattels,  or  to  pay  so  much  money  or  wages 
in  his  possession  as  shall  satisfy  said  school  tax  due  from 
said  delinquent,  said  collector  may  proceed  by  suit  in  the 
name  of  the  school  district  before  any  Justice  of  the  Peace 
in  said  county,  against  any  person  so  notified  as  aforesaid, 
and  recover  against  him  a  judgment  for  the  amount  of 
said  tax  of  said  delinquent  with  costs,  or  for  so  much 
thereof  as  may  be  equal  to  the  value  of  the  goods  and 
chattels,  rights  and  credits,  moneys  and  wages  in  his  hands 
at  the  time  of  service  of  said  notice,  or  any  time  between 
then  and  the  rendition  of  said  judgment. 

The  warrant  aforesaid  may  be  in  the  following  form: 

"School  district  No.  -  in  -    -  County, County,  SS. 

The  State  of  Delaware:    To  the  collector  of  — 

We  command  you  to  collect  from  the  respective  per- 
sons named  in  the  annexed  duplicate,  the  rate  of  -  —on 
every  hundred  dollars  of  the  amount  with  which  they  re- 
spectively stand  assessed,  according  to  said  duplicate; 
and  if  any  of  said  persons  shall  not,  in  ten  days  after  de- 


33 

mand  pay  the  sum  which  you  are  required  to  collect  from 
him,  you  are  authorized  to  proceed  in  the  manner  and  use 
all  the  means  provided  by  law  for  the  collection  of  county 
rates. 

Given  under  the  hands  and  seals  of  the  subscribers, 
members  of  the  School  Committee  of  the  district  aforesaid, 
the-  -day  of  -  -  A.  D.,  19-." 

If  any  collector  of  a  hundred  or  of  a  district  refuses  toRefusa^of  coi- 
receive  and  execute  a  warrant  directed  to  him  as  afore- 
said, he  shall  forefeit  and  pay  to  the  school  district  affected  Penalty 
the  sum  of  one  hundred  dollars. 

The  executor,  or  administrator,  of  a  collector,  may  ex-  Executor  or 

'          .  adm.  to  act 

ecute  the  warrant,  ana  shall  have  all  his  powers. 

The  oath  of  the  collector,  or  of  his  executor  or  admin- 
istrator, shall  be  competent  evidence  of  the  demand;  and  demand6  of 
no  demand  shall  be  necessary  in  case  of  a  non-resident  of 
the  district. 


If  a  person,  liable  to  pay  a  rate,  removes  from  the  dis- 
.trict,  or  dies  without  payment,  it  shall  be  deemed  a  debttaxable 
due  the  collector,  and  may  be  recovered  by  suit  before  a  suit 
Justice  of  the  Peace.     Any  collector  appointed  as  afore- 
said, or  to  whom  a  warrant  has  been  directed  as  aforesaid 
shall  within  thirty  days  after  receiving   the  warrant, 
to  the  school  committee  the  amount  which  he  is  required 
to  collect,  deducting  delinquencies  to  be  allowed  by  them, 
and  his  fees,  at  the  rate  of  ten  per  cent,  on  the  sum  col- 
lected when  it  does  not  exceed  fifty  dollars,  and  eight  per 
cent,  when  it  exceeds  that  sum;  and  every  collector  of  a 
hundred  or  district,  and  his  sureties  by  virtue  of  his  official 
bond,  shall  be  liable  thereof  for  every  failure  of  duty   and 
default  in  the  premises;  which  bond  shall  be  proceeded  on 
at  the  instance   of  the   school   committee   of   the   district 
aforesaid.     If  any  collector  shall  neglect  to  pay  to  a  school  Neglect  to  pay 
committee  the  money  collected   by  him  on  the  warrant   of  °v 
its  members,and  due,  such  a  committee  may,  if  the  amount 
does  not  exceed  two  hundred  dollars,  sue  him  in  the  nameSuit 
of  the  district  before  a  Justice  of  the   Peace,  and   recover 
the  same. 


34 

AMENDMENT. 
CHAPTER  95,  VOLUME  26, 

OF  FREE  SCHOOLS. 

AN  ACT  to  amend  Chapter  67,  Volume  21,  Laws  of  Delaware,  entitled  :  "An 
Act  concerning  the  establishment  of  a  general  system  of  Free  Public 
Schools,"  relative  to  the  collection  of  school  taxes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met: 

vo?p2i67'  Section  1.     That    Chapter    67,   Volume    21,   Laws    of 

amended.  .Delaware,  entitled,  "An  Act  concerning  the  establishment 
of  a  general  system  of  Free  Public  Schools"  be  and  the 
same  is  hereby  amended  by  adding  after  the  word  "delin- 
quent" and  before  the  word  "said"  where  they  occur  in  the 
fifteenth  line  of  the  third  paragraph  of  Section  20  of  said 
Act  the  following:  "and  the  further  and  additional  sum  of 
five  per  cetum  on  said  tax  as  a  penalty  for  non-payment 
vofp2i!7 '  thereof;"  that  said  Chapter  67  of  Volume  21  be  further 
amended  amended  by  adding  after  the  word  "costs"  and  before  "or" 
in  the  nineteenth  line  of  paragraph  3  of  Section  20  of  said 
act,  the  following:  "including  five  per  centum  additional 
on  the  amount  of  said  taxes;  that  said  Chapter  67  of 
chap.  67,  Volume  21  be  further  amended  by  adding  after  the  word 
further  "judgment"  where  it  occurs  in  the  twenty-third  line  of 
paragraph  3  of  Section  20  of  said  act  the  following:  "the 
person  so  served  with  notice  and  having  in  his  possession 
goods,  chattel,  rights  or  credits,  moneys  or  wages  belong- 
ing or  owing  to  said  taxable,  shall  be  entitled  to  the  sum 
of  twenty  cents  as  corrmensation  for  his  trouble,  and  is 
hereby  authorized  to  deduct  said  amount  from  any  moneys 
or  wages  in  his  hands  belonging  to  said  taxable." 

Approved  April  6,  A.  D.  1911. 

property  Section  21.     All  public  school  grounds  and  all  public 

^empt  from    school  buildings  and  appurtenances,  maintained  at  public 

expense,  within  this  State,  shall  be  exempt  from  county, 

town,  municipal,  water,  street,  sewer,  and  all  other  taxes. 


35 

Section  22.     The  schools  in  the  districts    for 
schools  shall  be  free  for  all  the  white  children  of  the  dis- 
trict (and  the  schools  in  the  districts  for  colored  schools 
shall  be  free  for  all  the  colored  children  of  the  district)  of 
six  years  of  age  or  oven  provided  that  any  district  inAgeofchild 
the  State,  including  those  incorporated,  and  including  the 
city  of  Wilmington,  may  establish  a  kindergarten,  which  Kindergarten 
shall,  or  may  be  free  for  all  white  or  colored  children  (as 
the  case  may  be)  of  the  district  of  the  age  of  four  years  or 
over. 

No  discrimination  against  any  taxable  of  any  district  Discrimination 
shall  be  made  by  the  school  committee  of  the  district  byintaxation 
a  rate,  charge,  or  apportionment,  based  upon  the   atten- 
dance at  the  schools  of  the  district  of  the  child  or  chil- 
dren of  such  taxable. 

Section  22J.     Each  school  committee  of  the  trustees  of  Text  books 
each  school  district  or  districts  in  the  State,  outside   the 
City  of  Wilmington,  shall  furnish  the  necessary  textbooks 
free  to  all  the  pupils,  including  colored  children,  enrolled  Free 
in  the  free  public  schools  of  the  State,  in  the  manner  fol- 
lowing: 

The  school  commissioners  or  trustees   shall  order  from  ordering 
the  publisher  or  publishers  the  books  which  have  been  adop- 
ted by  the  State  Board  of  Education  for  use  in  the   free 
schools  of  the  State,  at  the  net  contract  prices  at  which  the 
publishers  have  agreed  to  supply  the  same,  as  follows: 

There  shall  be  a  blank  order  book  prepared  by  the  order  books 
State  Treasurer  for  the  use  of  the  school  commissioners, 
which  shall  contain  duplicate  order  blanks,  with  a  printed 
list  of  the  books  which  have  been  adopted  by  the  State 
Board  of  Education,  and  the  net  contract  prices  at  which 
the  publishers  agree  to  furnish  the  same. 

Duplicate  orders  shall  be  filled  out  and  signed  by  at- Duplicates 
least  two  of  the  school  commisssioners,  or,  in  case  of  united 
or  incorporated  districts,  by  the  president  and  secretary 
of  the  school  board,  one  of  these  orders  shall  be  forwarded 
to  the  State  Treasurer  to  be  forwarded  to  the  publisher  or 
publishers,  and  the  other  shall  be  kept  as  a  stub  in  the 
order  book  as  a  voucher. 


36 


Duty  of  State 
Treasurer 

Entries 


Payment  for 
books. 


Distribution  of 
books  in 
Districts 


Safe  keeping 
ofboobs 


Selling  books 


Clerk  to 
deliver  books 
to  successor 


The  State  Treasurer,  on  receipt  of  an  order  or  orders 
from  the  school  commissioners,  shall  make  an  entry  of  the 
amount  of  the  order  or  orders  against  the  district  or  dis- 
tricts in  a  book  kept  for  that  purpose,  and  shall  forward 
the  order  or  orders  at  once  to  the  publisher  or  publishers, 
requesting  them,  on  receipt  of  the  order  or  orders,  to  ship 
the  books  as  directed  at  the  contract  prices  named,  and 
send  duplicate  invoices  or  bills  for  the  same,  one  to  the 
State  Treasurer  and  the  other  to  the  clerk  of  the  district 
to  which  the  books  are  consigned. 

The  State  Treasurer  shall  pay  to  the  publisher  or  pub- 
lishers out  of  the  school  fund  of  the  State  for  books  thus 
supplied,  and  charge  the  amounts  so  paid  to  the  respective 
districts  ordering  said  books,  and  deduct  the  same  from 
the  amount  to  which  such  district  or  districts  may  be  en- 
titled as  in  this  Act  provided.  The  State  Treasurer  shall 
pay  no  bills  for  at  least  thirty  days  from  the  time  any 
such  are  rendered,  in  order  that  he  may  be  notified  by 
the  school  commissioners  of  any  error  or  failure  on  the 
part  of  the  publisher  to  supply  the  books  as  ordered  and 
directed,  or  as  billed. 

It  shall  be  the  duty  of  the  clerk  of  each  school  district  or 
districts  to  distribute  the  books  received,  as  aforesaid,  to 
the  scholars  of  the  district  or  districts,  or  their  parents, 
guardians,  or  other  persons  as  they  may  desire,  upon  re- 
ceipt for  the  same. 

The  clerk  of  the  districts  shall  be  responsible  for  the 
safe  keeping  of  the  books  furnished  him  as  aforesaid,  and 
also  for  prices  of  books  sold,  as  hereinafter  provided,  to 
parents,  guardians,  scholars  or  other  person.  Any  money, 
or  the  value  of  the  books  which  such  clerk  shall  fail  to 
account  for  according  to  law,  may  be  recovered  in  the 
name  of  the  State  by  the  County  Superintendent  before  a 
Justice  of  the  Peace,  as  other  accounts,  when  the  amount 
does  not  exceed  the  sum  of  two  hundred  dollars.  The  said 
clerk  shall,  at  the  expiration  of  his  term  of  office,  turn 
over  to  his  successor  in  office,  all  books  on  hand,  and  take  a 
receipt  for  the  same  which  shall  be  his  voucher  in  settle- 
ment. 


37 

It  shall  be  the  duty  of  the  school  commissioners  to 
vide  for  the  safe  keeping  and  care  of  the  books  which 
shall  be  returned  by  the  pupils  at  the  close  of  the  annual 
school  term  to  the  clerk  of  the  district,  or  to  such  other 
person  as  the  school  commissioners  shall  designate.  They 
shall  also  keep  a  separate  account  of  the  amount  expended 
for  books,  and  shall  report  it  under  a  separate  item  in  the 
annual  settlement  required  aforesaid. 

The  school  commissioners  may  furnish  books  at  cost  saie^of books 
to  pupils  who  wish  to  replace  books  lost  or  willfully  de-  ° 
stroyed,  or  who  may  wish  to  own  their  books  ;  and  shall 
return  the  proceeds  of  all  such  sales  into  the  school  fund 
of  the  district,  and  report  the  amount  at  the  time  of  the 
annual  settlement  with  the  State  Auditor  aforesaid. 

Reports  of 

It  shall  be  the  duty  of  every  teacher  in  the  free  Publi 
schools  of  the  State,  to  make  out  and  hand  to  the  commis- 
sioners of  the  district,  at  the  end  of  each  quarter,  a  report 
setting  forth  the  whole  number  of  pupils  attending  the 
schools  during  the  quarter,  designating  whether  male  or 
female,  the  number  of  days  each  has  attended,  and  an  in- 
ventory of  the  books  in  the  school  belonging  to  the  dis- 
trict, stating  by  whom  such  books  are  held,  their  condition, 
and  the  number  of,  and  by  whom  books  have  been  de- 
stroyed. Until  such  report  shall  have  been  made,  it  shall 
not  be  lawful  for  the  commissioners  to  pay  such  teacher 
his  salary.  The  reports  made  in  pursuance  herewith  shall  be 
forwarded  annually,  in  the  month  of  April,  by  the  clerks 
of  the  several  districts  to  the  County  Superintendent  for 
the  proper  county. 

The  State  Treasurer  shall  be  allowed  five  hundred  dol- 
lars  annually  for  postage,  stationery,  clerical  assistance, 
and  the  1'ke  to  carry  out  the  provisions  of  this  Section, 
and  is  authorized  to  pay  out  of  the  general  fund  of  the  State, 
the  amount  necessary  to  print  order  books  sufficient  toKxpenses 
supply  one  to  each  district  in  the  State. 

Section  23.     The  general  superintendence  of  all   the  county  super- 
free  public  schools  in  each  of  the  counties  of  this  State10 
shall  be  vested  in  a  Superintendent  of  Schools  for  each 
county. 


38 

Appointment  On   the   second   Tuesday   in   July,    A.    D.,   1898,    the 

Governor  shall  appoint  one  suitable  person  to  be  Superin- 
tendent of  Schools  for  New  Castle  County,  one  suitable 
person  to  be  Superintendent  of  Schools  for  Kent  County, 
and  one  suitable  person  to  be  Superintendent  of  Schools 
for  Sussex  County,  whose  terms  of  office  shall  expire  on 
the  second  Tuesday  in  July,  A.  D.,  1899.  On  the  second 
Tuesday  in  February,  A.  D.,  1899,  the  Governor  shall  ap- 
point a  suitable  person  to  be  superintendent  of  Schools  for 
each  of  the  Counties  of  the  State,  whose  term  of  office  shall 
be  for  two  years,  or  until  his  successor  is  duly  qualified, 
and  such  appointment  be  made  biennially  thereafter,  and 
whose  duties  shall  begin  on  the  second  Tuesday  of  July 
following  his  appointment.  He  shall  be  entitled  to  a  salary 
of  one  thousand  dollars  payable  quarterly,  for  each  year 
that  he  continues  to  hold  said  office. 

He  shall  be  a  person  of  good  moral  character  and  well 
qualified  mentally  and  morally  to  perform  the  duties  of  his 
office.  He  must  have  had  at  least  twenty  months'  experi- 
ence as  a  teacher;  must  at  the  time  of  his  appointment 
hold  a  certificate  of  graduation  from  some  reputable  col- 
lege, or  normal  school,  or  an  unexpired  certificate  of  the 
highest  grade  granted  to  teachers  in  this  State;  and  must 
become  a  resident  of  the  county  for  which  he  is  appointed, 
after  such  appointment,  and  must  continue  a  resident 
therein  during  his  term  of  office.  He  shall  not,  during  his 
term  of  office,  engage  in  any  other  profession  or  vocation; 
nor  shall  he  have  the  right  to  constitute  deputy  or  deputies 
to  perform  any  of  the  duties  herein  assigned  to  him. 

It  shall  be  the  duty  of  each  of  the  said  superintendents 
to  advise  with  the  teachers  in  all  the  free  chools  under  his 
supervision,  and  to  strive  to  assist  them  in  their  tasks;  to 
see  that  improved  methods  of  instruction  and  discipline 
are  introduced  in  the  schools,  and  to  create  a  general  in- 
terest in,  and  give  a  clearer  knowledge  to  the  people  of  his 
county,  of  schools  and  school  systems.  To  this  end,  he 
shall  visit  each  school  in  his  county  at  least  once  in  every 
year,  each  visit  to  be  of  at  least  two  hours'  duration;  to 
attend  at  each  stated  meeting  of  the  County  School  Com- 


39 

mission  of  his  county  and  at  each  stated  meeting  of  tht 
State  Board  of  Education,  and  make  such  report  concerning 
his  work  and  the  condition  of  the  schools  as  the  said  Com- 
mission or  State  Board  shall  require.  He  shall  execute 
all  such  reasonable  orders  as  the  State  Board  of  Education 
shall  give  him;  shall  make  the  collection  of  and  report  con- 
cerning school  statistics  in  his  county,  a  special  part  of  his 
work;  and  generally  shall  do  all  matters  and  things  proper 
and  necessary  for  the  interest  and  advancement  of  educa- 
tion in  the  free  public  schools  of  his  county. 

Each  of  said  superintendents  shall  have  power  to  sus-Powers: 
pend  and  withdraw  any  teacher's  certificate  upon  his  refusal 
to  comply  with  the  reasonable  directions  made  to  such 
teacher  by  the  said  superintendent,  subject  to  the  right  of 
appeals  as  hereinbefore  provided.  He  shall  note  in  a  book 
to  be  kept  for  that  purpose,  the  number  of  scholars,  the 
condition  of  the  school  buildings,  grounds  and  appurten- 
ances, the  qualificatons  of  the  teachers,  the  conduct  and 
the  standing  of  the  scholars,  the  methods  of  instruction, 
and  the  discipline  and  government  of  each  school;  such 
book  must  be  delivered  by  him  at  least  once  in  ^very  year 
to  the  County  School  Commission  of  his  county,  at  one  of 
its  stated  meetings,  and  to  the  State  Board  of  Education 
at  one  of  its  stated  meetings  for  inspection  and  reference,  Duties 
and  may  be  called  for  by  either  of  said  bodies  at  any 
time. 

Each  of  said  superintendents  shall  frame  a  set  or  sets  of  quesTioStions 
examination  papers  when  and  as  often  as  he  shall  be  directed 
so  to  do  by  the  State  Board  of  Education;  and  shall  compile 
a  list  of  text  books  when  so  directed  by  said  State  Board ; Text  books 
he  shall  conduct  the  examinations  of  all  teachers  in  his 
county;  the  time  and  place  for  such  examination  or  ex- Examinalions 
aminations  to  be  fixed  by  him  in  conformity  with  the  di- 
rections of  the  State  Board  of  Education,   or  if  no  such 
direction  be  given,  to  be  determined  by  said  superinten- 
dent having  due  regard  to  the  convenience  of  the  teachers 
and  the  schools;  such  examination  to  be  free  to  all,   pro-  J-^fs examina" 
vided  that  separate  examinations  for  applicants  to  teach  in 
schools  for  colored  children  shall  be  maintained.     He  shall 


40 


Certificates 


Countersign- 
ing 

Teachers'  In- 
stitute 


Requirements 
for  profession- 
al certificate 


Chapter  112, 
Volume  22 


Requirements 
for  first  grade 
certificates 


Chapter  112 
Volume  22 


make  and  sign  a  certificate  to  each  person  passing  such 
examination  as  hereinafter  provided;  and  he  may  counter- 
sign the  certificate  of  a  teacher  made  and  signed  by  a  County 
Superintendent  in  one  of  the  counties  of  the  State  other 
than  his  own,  which  certificate  so  countersigned,  shall  en- 
title the  holder  to  teach;  and  shall  hold  and  attend  the 
Teachers'  Institute  in  his  county  once  in  every  year  as 
herinafter  provided. 

Section  24.  Every  person  who  is  of  good  moral  char- 
acter, and  who  shall  answer,  at  the  examination  given  by 
the  Superintendent  for  free  schools  as  hereinbefore  pro- 
vided, ninety  per  centum  of  the  questions  asked  in  orthog- 
raphy, reading,  writing,  mental  arithmetic,  written  arith- 
metic, geography,  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  stimulants  and  nar- 
cotics upon  the  human  system,  history  of  the  United 
States,  the  Federal  and  the  State  Constitutions,  pedagogy, 
and  English  grammar;  and  seventy-five  per  centum  of  the 
questions  asked  in  algebra,  geometry,  physics,  natural 
philosophy  and  elements  of  rhetoric,  and  seventy-five  per 
centum  of  the  questions  asked  upon  such  other  branches 
and  subjects  as  the  State  Board  of  Education  shall  direct 
to  be  included  in  such  examinations;  shall  receive  from 
the  superintendent  a  professional  certificate  which  shall  be 
good  for  ten  years,  unless  sooner  revoked  as  herinbefore 
provided 

Every  person  who  is  of  a  good  moral  character,  and 
who  shall  in  examination,  answer  ninety  per  centum  of  the 
questions  asked  in  orthography,  reading,  writing,  mental 
arithmetic,  written  arithmetic,  geography,  physiology  and 
hygiene  with  special  reference  to  the  effect  of  alcoholic 
stimulants  and  narcotics  upon  the  human  system,  history 
of  the  United  States,  the  Federal  and  the  State  Constitu- 
tions, -pedagogy  and  English  grammar,  and  seventy-five 
per  centum  of  all  the  questions  asked  on  such  other  sub- 
jects or  branches  as  the  State  Board  of  Education  shall 
direct  to  be  included  in  the  examination;  shall  receive  from 
the  superintendent  a  first  grade  certificate,  which  shall  be 
good  for  five  years  unless  revoked  as  aforesaid. 


41 

If  any  person  shall  fail  to  answer  ninety  per  centum  of  Requirements 
the    questions    asked   in  the  branches    specified  for  first  fade  certifi- 
grade  certificates,  but  shall  answer  at  least  seventy-five  per- 
centum  thereof,  and  shall  also  answer  seventy-five  per  cen- 
tum of  all  the  questions  upon  the  other  subjects,  or  branches 
directed  by  the  State  Board  as  aforesaid,  he  shall  receive 
from  the  superintendent  a  second  grade  certificate,  which  (,ha 
shall  be  good  for  two  years,  unless  revoked  as  aforesaid.     VOL  22 

(Paragraph  repealed  by  Chapter  112  Volume  22,) 

Every  teacher  in  the  free  public  schools  of  the  State,  Attendance 
including  those  employed  in   incorporated  districts,   shall at 
attend  at  each  day's  session  of  the  Teachers' Institute  held 
in  the  county  in  which  he  is  employed,  unless  excused  from 
so  doing  by  the  committee  or  Board  of  Education  employ- 
ing him;  and  no  such  excuse  shall  or  may  be  given  except 
for  sufficient  cause.     No  committee  or  Board  of  Education  Excu 
shall  make  any  reduction   or  deduction  in  the  salary  of  a  NO reduction 
teacher  on  account  of  absence  from  school  while  attending111  pay 
such  institute. 

The  salaries  of  teachers  in  the  free  public  schools  of  salaries  of 
the  State  shall  be  paid  quarterly  at  least. 

Every  teacher  in  the  free  public  schools  in  the  State  Annual  report 
shall,  annually,  make  and  send  to  the  State  Board  of  Edu-  BfoSdqi 
cation,  through  any  of  its  members,  during  the  month  of  E< 
May  in  each  year,  a  statement  of  the  number  of  pupils  in 
attendance  in  his  school,  and  the  number  of  full  days  in 
attendance  by  each  pupil,  and  the  number  of  children,  ac- 
cording to  his  best  estimate,  residing  in  the  district,  over 
the  age  of  four  years,  not  attending  any  school  whatever, 
how  many  full  days  the  school  in  which  he  teaches  has  been 
open  and  ready  for  instruction  of  pupils  during  the  year, 
and  how  often,  and  for  what  length  of  time,  the  school  was 
visited  during  the  year  by  each  member  of  the  committee 
or  Board  of  Education  of  the  district,  and  by  the  county 
superintendent.     Such  statement  shall  be  verified  by  the 
affidavit  of  the  teacher  making  it,  before  any  Justice  0fAffidavitl 
the  Peace  of  the  county ;  the  fees  of  the  justice  in  such 
matter  shall  be  a  debt  of  the  'district,  and  shall  be  paid 


42 


Copy  of  report 
to  county 
school  com- 
mission 


Failure  of 
teacher  to 
report 


Suspension 


Appeal  of 
applicants  for 
certificates 


Examination 
papers  may  be 
sent  up 


Teacher*,' 
Institute 


Appropriation 
for 


8150  for  each 


accordingly.      In  the  case  of  graded  schools  the  principal 
alone  may  make  the  statement. 

A  copy  of  said  statement  shall  also  be  transmitted  by 
every  school  teacher  as  aforesaid  and  at  the  time  afore- 
said, to  the  County  School  Commission  of  the  proper  coun- 
ty, through  any  of  its  members. 

It  shall  be  the  duty  of  the  County  School  Commission, 
and  also  the  State  Board  of  Education,  to  report  the  neg- 
lect, omission  or  failure  on  the  part  of  any  teacher  in  any 
district,  including  incorporated  district  to  make  the  state- 
ment at  the  time  and  in  the  manner  aforesaid,  to  the  pro- 
per superintendent,  and  thereupon  the  said  superinten- 
dent shall  have  the  power,  and  it  shall  be  his  duty,  to  sus- 
pend the  certificate  of  such  teacher  until  a  complete  and 
correct  statement  as  aforesaid  shall  have  been  made  by 
such  teacher. 

In  case  any  applicant  for  certificate  shall  be  refused 
one  by  the  County  Superintendent  on  the  ground  that  the 
said  applicant  has  failed  to  answer  the  per  cent,  of  the 
questions  asked  in  the  examination,  as  hereinbefore  in 
this  section  provided,  such  applicant  shall,  if  he  desires 
to  appeal  to  either  the  State  Board  of  Education  or  the 
proper  County  School  Commission,  have  the  right  to  re- 
quire that  said  superintendent  shall  exhibit  a  copy  of  the 
questions  submitted  at  such  examination,  together  with  the 
answers  given  by  said  applicant,  when  such  answers  were 
written;  provided  that  the  appeal  be  made  at  the  stated 
meeting  next  following  said  examination. 

Section  25.  It  shall  be  the  duty  of  the  superintendent 
of  free  schools  for  each  county  in  the  State,  to  hold  in  his 
county  a  teachers'  institute  for  the  teachers  in  the  free 
public  schools  for  white  children  under  his  supervision,  at 
least  once  in  every  year,  and  of  at  least  three  days'  session. 

To  defray  the  expenses  of  the  said  institute,  the  State 
Treasurer  shall,  upon  the  draft  of  the  County  Superinten- 
dent, pay  to  the  said  superintendent,  out  of  the  general 
fund  of  the  State,  one  hundred  and  fifty  dollars  to  be  ex- 
pended by  the  said  superintendent  for  the  institute  in  his 
county,  and  for  no  other  purpose. 


43 

It  shall  be  the  duty  of  the  said  superintendent  to  be  *! 
present  at  each  day's  session  of  the  institute  in  his  county, 
and  to  do  all  in  is  power  to  inform  the  teachers  under  his 
superintendence,  by  his  own  advice  and  suggestions,  and 
by  the  advice  and  suggestions  of  professional  educators 
whose  services  he  can  secure,  of  the  most  improved  and 
advanced  systems  of  instruction  and  discipline. 

Each  of  said  superintendents  shall,  during  the  year, 
appear  before  the  State  Auditor  and  make  settlement  with 
him  of  all  the  moneys  so  expended  by  him  for  the  insti- 
tute in  his  county,  and  shall  pay  over  to  him  all  unex- 
pended balances  in  hands. 

The  State  Auditor  shall  issue  to  the  County  Su per inten-  colored  Teach- 
ers' Institute 

dent  for  Kent  County,  in  the  month  of  October  in  every 
year  a  warrant  for  the  payment  of  the  sum  of  one  hundred 
and  fifty  dolars  for  the  support  and  maintenance  of  the  chapter  us 

Volume  22 

Delaware  Colored  Teachers'  State  Institute. 

The  State  Treasurer  shall  pay,  out  of  the  general  fund  Payment 
of  the  State,  to  the  said  superintendent  the  said  sum  of 
one  hundred  and  fifty  dollars  upon  the  presentation  of 
warrant  of  the  State  Auditor  aforesaid. 

It  shall  be  the  duty  of  said  Superintendent  to  make 
arrangements  for  said  Institute  and  to  be  present  at  eachbills 
day's  session,  and  to  do  all  in  his  power  to  inform  the  said 
colored  teachers  by  his  own  advice  and  suggestions  and  by 
the  advice  and  suggestions  of  professional  educators 
services  he  can  secure,  of  the  most  improved  and  advanced 
system  of  instruction  and  discipline. 

As  soon  as  possible  after  the  close  of  the  said  institute,  settlement 
the  said  Superintendent  shall  present  his    accounts  and™ 
vouchers  to  the  State  Auditor  for  settlement  and  pay  over 
any  unexpended  balance  of  said  appropriation  to  the  State 
Treasurer. 

Section  26.     The  State  Auditor  shall  between  the  first  settlement  of 
day  of  July  and  the  first  day  of  September  in  each  year, 
settle  the  accounts    of  all  the    school  committees  of  thete< 
State.     For  this  purpose,  every, such  committee  shall,  un- 
der  penalty  of  forfeiting  to  the  district  twenty-five  dollars 


44 


May  compel 
them 


What  settle- 
ment must 
show 


When  auditor 
shall  refuse 
to  settle 


Consequence 
of refusal 


Notice  of  fail- 
ure to  settle  or 
to  account 


School  fund 
how  consti- 
tuted 


Trustee  of 
School  Fund 


Apportion- 
ment of  fund 


for  neglect,  appear  with  its  accounts  and  vouchers  before 
him  when  he  shall  attend  in  the  county  for  that  purpose, 
whereof  he  shall  give  notice.  He  may  compel  them,  by 
attachment,  to  appear  and  settle.  The  settlement  shall 
show  how  long  school  was  kept  in  the  district,  the  com- 
pensation of  the  teacher,  and  the  number  of  scholars;  the 
sum  raised,  the  sum  drawn,  and  the  sum  expended;  all  of 
which  shall  be  stated  in  the  Auditor's  report  to  the  Gen- 
eral Assembly. 

In  case  any  school  committee  shall  have  failed  or  neg- 
lected to  make  proper  return  upon  the  blank  forms  fur- 
nished it  by  the  State  Board  of  Education,  as  provided  in 
this  Act,  or  in  case  the  schools  in  the  districts  for  which 
the  committee  acts  have  not  been  kept  open  for  the  time 
specified  in  Section  15  of  this  Act,  the  Auditor  shall  re- 
fuse to  settle  the  accounts  of  such  committee;  and  if,  in 
consequence,  settlement  of  any  account  shall  not  be  made 
during  his  attendance  for  that  purpose,  the  school  com- 
mittee shall  incur  the  forfeiture  by  this  Section  provided, 
and  there  shall  be  the  same  liabilities  and  consequences  as 
if  it  had  failed  to  appear. 

If  any  committe  shall  fail  to  appear  and  settle  with  the 
Auditor,  or  if,  on  such  settlement,  it  appears  that  it,  or 
any  of  its  members,  has  misapplied,  or  does  not  account  for 
the  money  received  by  it,  or  with  which  it  is  chargeable, 
the  Auditor  shall  make  known  the  facts  by  letter,  ad- 
dressed to  the  Chairman  and  secretary  of  the  last  stated 
meeting. 

Section  27.  The  money  appropriated  by  the  General 
Assembly  for  the  benefit  of  the  free  public  schools,  for 
each  year,  together  with  the  income  of  the  investments  of 
the  public  school  fund  as  it  was  constituted  by  law  at  the 
time  of  the  passage  of  this  Act,  shall  constitute  the  school 
fund  for  the  year. 

The  State  Treasurer  shall,  by  virtue  of  and  during  the 
continuance  of  his  office,  be  the  trustee  of  the  school  fund, 
and  shall  annually  in  the  month  of  September  apportion 
said  fund  among  the  several  counties  of  this  state,  and 


45 

distribute  each  county's  share  of  said  apportionment 
among  the  school  districts  of  the  county,  such  apportion- 
ment and  such  distribution  to  be  made  in  the  manner  and 
according  to  the  same  rules  as  prescribed  and  provided  for 
the  apportionment  of  the  school  fund  by  the  laws  of  this 
State  which  were  in  force  and  operation  at  the  time  of  the 
passage  of  this  Act,  except  special  Acts  or  parts  of  Acts, 
referring  to  the  distribution  of  the  school  fund  to  parti- 
cular districts,  and  such  laws,  so  far  as  they  affect  the  ap- 
portionment and  distribution  of  the  school  fund,  shall  be, 
and  are  hereby  continued  in  full  force  and  operation;  the 
amount  appropriated  by  the  General  Assembly  to  be  ap» 
portioned  and  distributed  in  the  same  manner  as  the  fees 
for  licenses,  forming  a  part  of  the  old  school  fund  were  ap- 
portioned and  distributed  prior  to  the  passage  of  this  Act. 
Provided,  however,  that  in  the  distribution  of  each  coun- 
ty's share  of  said  school  fund,  among  the  school  districts 
of  the  county,  no  discrimination  shall  be  made  between  the 
districts  for  white  schools,  and  the  districts  for  colored 
schools  to  be  created  and  laid  out  under  the  provisions  of 
this  Act  but  each  of  said  districts  for  colored  schools  shall 
be  deemed  and  taken  by  said  Trustee  of  the  School  Fund 
to  be  on  the  same  basis  and  entitled  to  the  same  provi- 
sions as  any  district  for  white  schools  in  the  same  county. 
The  distribution  by  the  Trustee  of  the  School  Fund 
several  school  districts  as  aforesaid,  shall  be  in  the  fol- 
lowing manner:  He  shall  place  the  amount  due  the  re- 
spective districts  to  the  credit  of  the  said  respective  dis- 
tricts in  the  Farmers'  Bank  of  each  of  the  counties  in 
which  the  districts  are  severally  situated;  he  shall  then 
furnish  the  commissioners  or  Board  of  Education  of  each 
single,  united  and  incorporated  district  with  blank  drafts, 
numbered  consecutively,  in  the  following  form:  Drafts 

No.  -  -. 
School  District  No.  -       -  County,  Delaware.  Former 

The  Farmers'  Bank  of  the  State  of  Delaware  pay  to— 
or  order  -         -  dollars,   being  salary  due  the  payee,   as 
teacher,  for  the  -       -  ending  the  -    -  day  of  -    -  A.   D., 


46 


19—.      Charge  same  to  thp  account    of    School    District 
No. County.     $ . 


Commissioners  of  District  No.  — County 


Clerk  of  District  No. ,  -          —County. 

Drawing  fund         The  money  thus  deposited  in  the  Farmers'  Bank  of 
the  State  of  Delaware  to  the  credit  of   the  respective  dis- 
tricts, shall  be  drawn  out  only  upon  the  presentation  of 
drafts  as  aforesaid,  made  payable  to  the   teacher   of  the 
school    of   the    district,    signed    by   a   majority    of    the 
commissioners     or    Board    of    Education,     as    the    case 
may  be,  attested  by  -the   clerk  of  the   district,   and   en- 
dorsed by  the  teacher  to  whose  order   it   is  made   pay- 
purposes  of  use  able.      Such     drafts    made    by    the    commissioners    as 
aforesaid,  shall  be  for  the  salary  due  the  teacher,  ar.d  for 
no  other  purpose;  but  no  teacher  employed  in  any  free 
school  in  any  single   district  that  is  not  incorporated  in 
Limit  of  saiar  ^^s  State,  shall  be  paid  from  the  school  funds  of  this 
chap^,        State  apportioned  to  the  district  and  deposited  as  afore- 
said, a  salary  exceeding  forty  dollars  per  month. 

Trustee  of  fund  It  shall  be  the  duty  of  the  trustee  of  the  School  Fund, 
Sorney^eftlon  in  making  the  apportionment  among  the  school  districts  as 
ofdrisEricfsnds  hereinbefore  provided,  in  the  month  of  September,  in 
every  year,  to  ascertain  from  the  settlements  of  the  State 
Auditor  with  the  several  districts  of  this  State,  made  in 
the  months  of  July  and  August  preceding,  as  hereinbefore 
provided,  the  amount  or  amounts  of  money  each  district 
may  have  in  hand  that  has  been  received  from  the  State, 
and  raised  by  taxation  as  required  by  this  Act,  and  is 
unexpended  at  the  end  of  the  school  year  next  preceding. 
He  shall  then  deduct  and  retain  from  the  sums  or  appor- 
tionments to  which  such  districts  are  respectively  entitled 
in  the  distribution  of  the  school  fund  of  the  State,  amounts 
equal  to  that  which  from  the  State  Auditor's  settlement 
aforesaid,  appear  to  be  respectively  unexpended  in  the 
hands  of  the  commissioners  or  clerks  of  the  districts 
aforesaid,  and  place  the  'balance  of  the  apportionments  or 


47 

amounts  to  which  the  districts  are  respectively  entitled  as 
aforesaid  to  the  credit  of  the  said  districts  in  the  manner 
provided  elsewhere  in  this  Act.  Provided,  however,  thatProviso 
should  any  district  raise  by  taxation  more  money  than  that 
district  is  by  this  Act  required  to  raise  in  order  to  be  en- 
titled to  receive  its  apportionment  of  the  school  fund  afore- 
said, such  amount  that  is  in  excess  of  the  amount  required 
by  this  Act  to  be  raised  by  taxation  as  aforesaid,  shall  not 
be  charged  against  or  be  deducted  from  the  apportion- 
ment for  such  district,  but  the  amount  so  in  excess  as 
aforesaid,  shall  be  retained  by  the  districts  raising  the 
same,  to  be  therein  applied.  The  amounts  retained  by  the^p^ionof 
trustee  of  the  school  fund,  and  deducted  as  aforesaid  fromdeducted 
the  apportionment  of  the  districts  having  in  hand  money 
unexpended  at  the  end  of  the  year,  in  excess  of  the  amounts 
required  to  be  raised  by  taxation  aforesaid,  shall  be  by 
said  trustee  of  the  school  fund  placed  to  the  credit  of  the 
county  in  which  the  districts  having  moneys  unexpended 
as  aforesaid  are  respectively  situated,  and  be  reappor- 
tioned  among  the  districts  of  the  county  entitled  there  to. 

No  school  districts  in  this  State  shall  be  entitled  to  A 

Amounts  to  be 

share  in  the  apportionment  of  the  school  fund  for  any  year,  ati 
nor  shall  the  trustee  of  the  school  fund  deposit  any  amount  d^icts  to 
during  the  year  to  said  district's  credit,  as  hereinbefore 
provided,  unless  it  shall  appear  from  the  settlement  of  the 
school  committee  of  such  district  with  the  Auditor  then 
next  preceding  the  time  of  such  apportionment,  that  said 
district  has  raised  by  taxtion   or  subscription,  the  sum 
of  one  hundred  dollars,  if  said  district  is  situated  in  either  JQ 
of  the  counties  of  New  Castle  or  Kent,  or  sixty  dollars,  if  owm* 
said  districts  are  situated  in  the  county  of  Sussex;  in  the  Kent  county 
case  of  districts  for  white  schools,  or  fifty  dollars  if  said  Sussex  county 
district  is  situated  in-either  of  said  counties  of  New  Castle 
or  Kent;  or  the  sum  of  thirty  dollars  if  said  district  is 


situated  in  said  county  of  Sussex  in  the   case   of   districts  r- 
for  colored  schools. 

Section  23.  Nothing  in  this  Act  shall  be  deemed  orReapPoint- 
taken  to  prevent  the  reappointment  or  re-election  of  ftnyJIJ^onoT 
school  officer  mentioned  in  this  Act.  scho°l  officers 


48 


Section  29. 


Provisions  of 
laws  continued 

in  force          this  State  which  were  in  force  and 


All  the  provisions  of  the   school   laws   of 
operation  at  the   time 

of  the  passage  of  this  Act  providing  penalties  and  for- 
feitures for  the  nonfeasance,  misfeasance  or  malfeasance  of 
any  person  whomsoever,  shall  and  are  hereby  continued  in 
full  force  and  operation  so  far  as  to  apply  to  any  such  non- 
doing,  mis-doing  or  wrong-doing  occurring  prior  to  the 
passage  of  this  Act. 

Law  applicable  Section  30.  All  the  provisions  of  this  Act,  where  not 
inconsistent  with  the  provisions  of  the  several  acts  incor- 
porating the  respective  incorporated  districts  in  this  State, 
shall  apply  to  such  incorporated  districts;  and  where  any 
provision  of  this  Act  is  expressly  made  applicable  to  incor- 
porated districts,  such  provision  shall  apply  to  such  dis- 
tricts, whether  inconsistent  or  not. 


to  incorpor- 
ated districts 


Not  to  affect 
Wilmington 
Schools 


Certain  laws 
continued 


Section  31.  None  of  the  provisions  of  this  Act  shall 
be  deemed  or  taken  to  affect  or  in  anywise  alter  the  rights, 
privileges  and  immunities  belonging,  at  the  time  of  the 
passage  of  this  Act,  to  the  free  schools  in  the  City  of  Wil- 
mington, including  those  for  colored  children  in  said  city. 

Section  32.  All  Acts  and  parts  of  Acts  vesting  in  the 
school  committees,  trustees,  or  boards  of  education  of  cer- 
tain particular  school  districts  the  power  to  raise  and  col- 
lect, without  regard  to  any  vote  thereon,  amounts  in  ex- 
cess of  those  provided  by  this  Act,  are  hereby  continued 
in  full  force  and  operation. 

Section  33.  All  Acts  and  parts  of  Acts  inconsistent 
with  this  Act  are  hereby  repealed. 

Approved  May  12,  1898,  with  all  subsequent  amend- 
ments. 


49 


AMENDMENT. 


COMMISSIONER  OF  EDUCATION. 


CHAPTER  106,  VOLUME  27. 

OF  FREE  SCHOOLS. 

AN  ACT  in  relation  to  free  public  schools  of  the  State  of  Delaware,  and  in 
further  amendment  of  an  Act  entitled,  "An  Act  Concerning'  the  establish- 
ment of  a  general  system  of  free  public  schools,"  being  Chapter  67,  Vol- 
ume 21,  of  the  Laws  of  Delaware,  as  amended. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met  : 

Section  1.     As  soon  as  practicable  after  the  approval  Governor  to 
of  this  Act  the  Governor  shall  appoint  some  suitable  per-  miSSfer  o?m" 
son,  who  shall  be  Commissioner  of  Education  of  the  State  Education 
of  Delaware,  and  who  shall  also  be  Secretary  of  the  State 
Board   of  Education.     The  term    of    said   Commissioner Termoi  office 
shall  be  for  two  years, or  until  his  successor  is  qualified, and 
the  duties  of  said  office  shall    begin   on   the   first  day   of 
May,  A.  D.,  1913.     On  or  before   the  first  day  of  May,  A. 
D.,  1915.  the  Governor  shall  appoint    a   successor   to  said 
Commissioner  whose  term  of  office  shall  be  for  two  years, 
or  until  his  Successor  is  duly  qualified.    Such  appointment  To  be  appoint. 
shall  be  made  biennially  thereafter  and  the  duties  of  saided  blennially 
office  shall  begin  on  the  first  day  of   May   following   such 
appointment.     Said    Commissioner   shall    be  entitled   to  a 
salary  of  Two   Thousand    Dollars  per    annum,  payable  at- Salary 
least  quarterly. 

He  shall  be  a  person  of  good  moral  character  and  well  Qualifications 
qualified  mentally  to  perform  the  duties  of  his  office.  He 
must  have  had,  at  the  time  of  his  appointment,  at  least 
five  years'  experience  as  a  teacher;  and  must  hold  a  cer- 
tificate of  graduation  from  some  reputable  college  or  nor- 
mal school. 


50 

Duties  to  be         The  duties  of  said   Commissioner  shall  be  such  as   shall 

B?aSrCdriSf d  by  be  prescribed  by  the  State  Board  of  Education  and  shall  be 

Education       directed  toward  the  betterment  and  standardization  of  the 

free  schools  within  this  State.     As  Secretary  of  the   State 

Board  of  Education  he  shall  keep   and   file  all   documents, 

reports,  communications  and  other  papers   of   said   Board 

Tobesecre     an(^  s^a^  conduct  the  correspondence  of  said  Board.     The 

ta°ryoftehee     sum  of  Three  Hundred  Dollars  is   hereby   appropriated  to 

State  Board  of  .  j  u  ''j       re 

Education  defray  the  traveling  expenses  incurred  by  said  officer  as 
Commissioner  of  Education  and  Secretary  of  the  State 
Board  of  Education,  and  all  other  expenses  incurred  by  said 
officer  as  Secretary  of  the  State  Board  of  Education  shall 
be  paid  by  the  State  Treasurer  upon  presentation  to  him 
of  a  statement  of  said  expenses,  bearing  thereon  the  ap- 
proval of  the  State  Board  of  Education. 

Approved  March  14,  A.  D.  1913. 


51 


AMENDMENTS   TO    THE  SCHOOL  LAWS. 


CHAPTER  219,  VOLUME  21. 

OF   FREE  SCHOOLS 

AN  ACT    Providing  Graded  School  Facilities    for  the  Children  of   the  State. 

Whereas,  There  are  a  number  of  School  Districts  in 
this  State  in  which  no  graded  schools  exist,  whereby  the 
children  of  such  districts  are  deprived  of  many  of  the 
advantages  of  a  common  school  education  enjoyed  by  the 
children  in  other  districts; 

And  Whereas,  such  districts  are  contiguous  or  close  to 
other  districts  in  which  free  graded  schools  are  now  estab- 
lished and  maintained,  wherein  the  children  of  such  first 
mentioned  districts  might  receive  all  the  advantages 
afforded  by  graded  schools  without  impairing  the  rights 
and  privileges  of  the  children  now  attending  such  schools, 
if  permitted  so  to  do  without  extra  cost  and  expense;  now 
therefore 

Be  it  enacted  by  the   Senate  and  House  of  Representatives   of  the 
State  of  Delaware  in  General  Assembly  met : 

Section  1.     That  from  and  after  the  passage  of  this  selection  o^ 
Act,  it  shall  be  the  duty  of  the  State  Board   of  Education, 
and  the  same  is  hereby  authorized, empowered  and  directed 
to  select  such  and  such  number  of  the  free  graded  schools 
now   established    and   maintained    in   any   of   the    school 
districts  of  this  State, for  the  purpose  of  admitting  to  such 
schools  the  children  of  other  districts  in  which  no  graded 
school  exists;  and  that  the  schools  so  elected  asaforsaid, 
shall  then  be  free  to  all  the  children  of  school  age  of  the  edhto°beftleecto 
county  in  which  such  schools  are  situated,  or  of  such  dis-  Simy  or°f 
trict  or  districts,  or  of  such  parts  thereof ,  as  shall  be  de-districts 
termined  by  said  Board  and  under  the  rules  and  regulations 
to  be  promulgated  by  said  Board  as  hereinafter  provided.    Regulations 


52 

certification  of        Section  2.     That  the  names  and  numbers  of  the  free 

selected         graded  schools  so  selected  as  aforesaid,  shall  be  certified  by 

said  Board  to  the  school  committees  or  Boards  of  Education 

of  such  schools,  and  also  to  the  school  committees  of  all 

the  districts,  the  children  of  which  the  said  Board  shall 

determine  may  be  admitted  in  such  free  graded  school. 

And  for  the  purposes  and  provisions  of  this  Act,  the  said 

State  Board  of  Education  shall  have  full  and  final  power  to 

power  of  state  decide  what  shall  constitute  a  graded  school,  and  what  dis- 

S3£Jof  Cdu"  trict  or  districts  are  without  such  graded  schools. 

Rules  and  reg-  Section  3.  That  the  said  State  Board  of  Education 
Snin^almTs-  shall  also  have  full  and  final  power  and  authority  to  pro- 
dr°en0f  mulgate  such  rules  and  regulations  governing  the  admis- 

sion of  all  children  under  the  provisions  of  this  Act,  pro- 
vided that  no  free  graded  school  shall  be  compelled  to  ad- 
mit to  any  of  its  departments  any  child  from  another  dis- 
trict, when  such  department  is  already  full;  and  such  rules 
and  regulations  shall  be  binding  upon  all  the  districts  in 
certification  of  this  State.     The  said  rules  and  regulations,  together  with 
iatieosnasn      u  the  names  and  numbers  of  the  districts  affected,  shall  be 
certified  by  said  Board  to  the  School  Committees  or  Boards 
of  Education  of  all  the  districts  affected  thereby.     Such 
Advertisement  ru]es  and  regulations,  and  such  names  and  numbers  shall 
be  advertised  in  such  manner,  and  for  such  length  of  time 
as   said  Board  shall    deem  proper;   which  advertisement 
shall  be  'paid  for  as  other  printing  of  said  Board.     The 
said  Board  shall  also  have  full  power  to  alter,  change,  or 
Alterations  of  add  to  any  of  such  rules  and  regulations  at  any  time  it 
may  think  proper. 

powers  of  Section  4.     The  several  County  School  Commissioners 

now  established  by  law  shall  have  full  and  final  power,  juris- 
diction and  authority  to  hear  and  finally  determine  any 
disputes  arising  under  this  Act  between  any  parent  or 
guardian  of  any  child,  and  any  school  officer,  or  between 
several  school  officers,  school  committees  or  Boards  of  Edu- 
cation; and  in  case  any  of  said  School  Commissions  shall 
determine  that  any  child  should  be  admitted  to  any  free 
graded  school,  selected  by  the  State  Board  as  aforesaid, 
and  any  school  officer  shall  refuse  to  admit  such  child,  the 


53 

said  commission  shall  certify  the  facts  to  the  State 
Auditor,  upon  which  it  shall  be  unlawful  for  said  Auditor 
to  settle  any  of  the  accounts  of  the  district  wherein  such 
graded  school  is  situated,  until  a  further  certificate  from 
said  Commission  that  such  child  has  been  admitted. 

Section  5.     Whenever  any  child  shall  be  admitted  un-  Teacher  of 

graded  school 

der  provisions  of  this  Act,  to  any  free  graded  school,  the  to  certify  ad- 
mission, &c.,  of 
teacher  or  principal  of  such  school,  shall  within  ten  days,  gwid renjto 

certify  such  fact,  together  with  the  name  of  the  child,  the 
date  of  admission,  the  name  or  number  of  the  school  dis- 
trict in  which  such  child  lives,  and  the  name  or  number  of 
the  district  of  such  free  graded  school,  to  the  State  Board 
of  Education,  and  the  said  Board  shall  certify  the  sub- 
stance of  the  aggregate  of  such  certificates  to  the  State 
Treasurer  sometime  before  the  first  day  of  July  in  each  Treasurer 
year.  Whenever  it  shall  appear  from  the  certificates  of 
the  principals  or  teachers  in  the  free  graded  schools  of 
any  county,  that  two  hundred  and  fifty  children  have  been 
admitted  to  such  schools  under  the  provisions  of  this  Actadmitted 
in  any  one  county,  it  shall  be  the  duty  of  the  State  Board 
to  notify  the  committee  or  Board  of  Education  of  each  of 
the  graded  schools  so  selected  by  it  as  aforesaid,  in  such 
county,  that  no  further  children  shall  be  admitted  under 
the  provisions  of  this  Act,  and  the  said  Board  shall  not 
certify  any  further  names  to  the  State  Treasurer  as  afore- 
said. 

Section  6.    That  for  every  child  admitted  under  the  pro- Graded  schools 
visions  of  this  Act  to  any  free  graded  school, such  free  graded  forncSrwi?1 
school  shall  be  entitled  to  receive  the  sum  of  twenty   cents 
for   each  day's   attendance   of  such    child    in  such  graded 
school,  and  the  entire  amount,  due  to  such  graded  school 
for  such  child,  shall  be  paid  to  the  district  in  which  suchHowPaid 
graded  school  is  situated,  by  the  State  Treasurer  for  every 
child  so  admitted  as  aforesaid,  sometime  in  the  month  of 
July,  upon  receiving  the  vouchers  of  the  teachers  or  prin- 
cipal of  such  graded  school  showing  the  name  or  names  of 
such  child  or  children  so  admitted  as  aforesaid,  and  the 
number    of  days'  attendance  of  each  such  child  in  such 
graded  school:  provided,  that  no  moneys  shall  be  paid  by  Exception 


54 


the  State  Treasurer  under  the  provisions  of  this  Act  to  any 
district  for  on  account  of  the  admission  of  any  child  whose 
name  does  not  appear  upon  the  certificate  of  the  State 
Board  to  the  State  Treasurer  as  provided  in  Section  5  of 
this  Act,  as  having  been  admitted  to  the  graded  school  of 
such  district.  The  said  State  Treasurer  shall  then  certify 
to  certify  to  the  amount  so  paid  to  any  district,  to  the  State  Auditor 
who  shall  include  it  in  the  settlements  of  the  accounts  of 
the  Districts  so  receiving  said  amount  as  aforesaid. 

Section  7.  That  nothing  in  this  Act  shall  be  deemed 
or  construed  to  prohibit  or  prevent  "The  Board  of  Public 
Education  in  Wilmington"  from  refusing  in  its  discretion 
to  admit  to  any  of  the  Public  Schools  in  the  City  of  Wil- 
mington any  child  not  residing  in  said  city  or  from  charg- 
ing for  the  tuition  of  any  such  non-resident  child,  such 
sum  as  the  said  Board  may  deem  proper;  provided,  how- 
ever, that  when  any  such  child  shall  be  so  admitted  to  the 
Public  Schools  of  the  City  of  Wilmington,  under  the  pro- 
visions of  this  Act  and  with  the  consent  of  the  said  Board 
of  Education,  then  the  said  Board  of  Public  Education  in 
Wilmington  shall  be  entitled  to  receive  from  the  State 
Treasurer  the  amount  due  under  the  provisions  of  this  Act 
for  the  tuition  of  such  child  and  the  amount  so  received 
from  the  State  Treasurer  for  the  tutition  of  such  child 
shall  be  deducted  from  the  amount  due  from  the  parents 
or  guardian  of  such  child  for  its  tuition  as  fixed  by  "The 
Board  of  Public  Education  in  Wilmington"  and  provided 
further,  that  all  rights  and  powers  vested  in  the  State 
Board  of  Education  or  the  County  School  Commissioners 
by  virtue  of  this  Act  shall,  within  the  corporate  limits  of 
the  City  of  Wilmington,  be  vested  in  "The  Board  of  Pub- 
lic Education  in  Wilmington." 

Approved  March  9,  A.  D.  1899. 

Amended  and  approved  February  25  and  April  19,  A. 
D.  1909. 


Board  of 
Education  in 
Wilmington 
may  refuse  to 
admit  non- 
resident pupils 


May  charge 
and  fix  amount 
of  tuition 


When  ad- 
mitted State 
Treasurer  to 
pay  the 
amount  pro- 
vided by  law 


Board  of 
Education  of 
Wilmington 
same  powers  as 
County  School 
Commissioners 


55 


CHAPTER  220,  VOLUME  21. 

OF  FREE  SCHOOLS. 

AN  ACT  Providing  for  Circulating  Libraries  for  Use  of  the  Public  Schools  of 

the  State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.    That  the  State  Teasurer  be,  and  he  is  hereby  sioo  annually 
authorized  and  directed  to  pay  on  the  first  Monday  in 
month  of  April  in  each  and  every  year  after  the  passage  of 
this  Act,  beginning  en  the  first  Monday  in  said  month  of 
April  in  the  year  eighteen  hundred  and  ninety-nine 


of  any  moneys  then  being  in  his  hands  as  such  State  Trea-paia 
surer)  the  sum  of  one  hundred  dollars  to  the  chairman  of 
the  ''Committee  on  Traveling  Libraries"  of  "The  State 
Federation  of  Woman's  Clubs  of  Delaware." 

Section  2.    That  the  said  sum  of  one  hundred  dollars  so  HOW  to  be 
paid  in  each  year  as  aforesaid  shall  be  used  by  the  said  uset 
"Committee  ot  Traveling  Libraries"  for  the  exclusive  pur- 
pose of  purchasing  books  and  cases  to  hold  the  same,  and 
circulating   them  among   the  Public   Schools  throughout 
this  State,  under  such  rules  and  regulations  as  said  Com- 
mittee shall  deem  proper.     The  said  committee  to  receive 
no  compensation  whatever  for  their  services. 

Section  3.     That  the  said  Committee  shall  make  a  re-  Report 
port  of  their  expenditure  of  said  moneys  to  the  General 
Assembly  of  this  State  at  each  of  its  bi-ennial  sessions. 

Approved  March  16,  A.  D.  1899. 


56 


CHAPTER  112,  VOLUME  22. 

AN  ACT  Prescribing  the  Method  of  Apportioning   the    Public   School    Fund 
Among  the  School   Districts  of  this  State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  • 

state  Auditor  Section  1.     That   in  order   that  the   Trustee   of  the 

to  Truksteeeopf°rt  School  Fund  shall  have  the  information  necessary  to  distri- 
bute the  public  school  fund  of  the  State,  it  shall  be  the 
duty  of  the  Auditor  of  Accounts,  to  examine  and  settle  the 
accounts  of  every  single, united,  consolidated  and  incorpora- 
ted school  district  in  the  State  between  the  first  day  of  July 
and  the  tenth  day  of  August  in  each  year,  and  to  report  the 
result  of  such  settlements  to  the  Trustee  of  the  school 
Fund  on  or  before  the  twentieth  day  of  August,  giving 
the  amounts  remaining  in  the  hands  of  such  districts  un- 
expended of  the  moneys  received  from  the  State  and  re- 
quired to  be  raised  by  taxation  in  order  to  entitle  such 
districts  to  their  shares  of  the  said  moneys  from  the  State, 
the  number  of  teachers  employed  in  each  school  and  the 
number  of  days  taught  by  each  teacher  during  the  school 
year. 

Section  2.  That  the  income  arising  from  the  invest- 
ments for  the  benefit  of  the  Public  School  Fund,  together 
with  the  money  appropriated  from  time  to  time  by  the 
General  Assembly  for  the  benefit  of  the  free  public  schools, 
which  said  appropriation  shall  not  be  less  than  one  hun- 
dred and  thirty-two  thousand  dollars  annually,  shall  be  ap- 
portioned among  the  school  districts  of  the  State  in  the 
following  manner: 

The  Trustee  of  the  School  Funds  shall  annually  in  the 
month  of  August  divide  the  said  income  and  appropriation 
among  the  school  districts  of  the  State,  including  consoli- 
dated, united  and  incorporated  districts  or  schools,  accord- 
ing to  the  number  of  teachers  employed  for  at  least  one 
hundred  and  forty  days  during  the  previous  school  year. 


cSp?ere339 
volume  22' 


HOW  divided 


57 

In  order  to  entitle  any  school  district  to  receive  a  ^fsed^V taxea- 
share  of  said  money  so  apportioned  such  district  shall  have  district eto"ee 
raised  by  taxation,  or  subscription  for  school  purposes  dur- ceive  dividend 
ing  the  previous  school  year,  if  a  white  district,  at  least  one 
hundred  dollars  for  each  teacher  employed,  and,  if  a  colored 
school  district,  at  least  fifty  dollars  for  each  teacher  em- 
ployed. 

Provided,  that  the  Trustee  of  the  School  Fund  shall,  at 
the  time  of  making  said  apportionment,  apportion  to  any 
school  district  that  shall  on  or  before  the  twentieth  day  of 
August,  file  with  him  a  certificate  of  the  County  School 
Commission  of  the  County  in  which  such  district  is  situ- 
ated that  an  additional  teacher  or  teachers  are  needed  in 
such  district  and  that  such  district  is  provided  with  suit- Additional 
able  room  or  rooms  for  such  teacher  or  teachers  and  hasi™rJad>  h< 
levied  and  assessed  an  additional  tax  in  said  district  of, 
if  a  white  school,  one  hundred  dollars,  and,  if  a  colored 
school,  fifty  dollars  for  every  such  additional  teacher  so 
desired,  and  intended  to  be  employed  for  the  next  school 
year,  an  additional  share  or  shares  of  the  moneys  appor- 
tioned, according  to  the  number  of  additional  teachers  so 
employed.  And  provided  further,  that  no  single,  con  soli- Amended 

c/n&ptGr  o»5y , 

dated,  united  or  incorporated  school  district  or  schools,  volume 22 
shall    under   said    apportionment     receive   more     of   the 
moneys   so    apportioned    than    one    hundred    and   sixty- 
five  teachers  employed  as  aforesaid  would  entitle  it  to. 

Section  3.  The  said  Trustee  of  the  School  Fund  shall 
deduct  and  retain  from  the  amount  apportioned  to  any 
district  or  school  the  amount  expended  by  him  for  text  Amounts  to  be 
books  for  such  district  or  school  during  the  previous  school deducted 
year  and  shall  also  deduct  and  retain  an  amount  equal  to 
that  which  from  the  Auditor's  settlement  with  such  dis- 
trict or  school  made  as  aforesaid  in  that  year  appears  to 
be  in  the  hands  of  said  district  or  school  of  the  money 
received  from  the  State  and  by  taxation  as  aforesaid  to 
entitle  such  district  or  school  to  its  share  of  said  State 
moneys,  unexpended  at  the  end  of  the  year  next  preceding. 


58 
Duty  of  Trustee  in  case  any  district  or  school  having  filed  the  certificate  of 

of  School  Fund    , 

upon  failure  to  the  County  School  Commission  and  received  an  additional 
of  share  or  shares  of  the  State  moneys  as  hereinbefore  pro- 


vided for,  shall  fail  to  employ  such  teacher  or  teachers  for 
which  such  money  was  apportioned  for  at  least  one  hun- 
dred and  forty  days  during  the  succeeding  school  year  or 
in  any  case  where  a  district  or  school  shall  not  employ  a 
teacher  or  teachers,  for  the  said  period  of  one  hundred  and 
forty  days  for  the  school  year  for  which  such  districts  or 
schools  receive  a  share  of  State  moneys  for  such  teacher  or 
teachers  not  so  employed,  then  and  in  either  event  the 
Trustee  of  the  School  Fund  shall  deduct  and  retain  out  of 
the  apportionment  of  such  district  or  school  for  the  suc- 
ceeding year  a  sum  equal  to  that  which  such  district  or 
school  obtained  for  or  on  account  of  such  teacher  or 
teachers  that  such  district  or  school  so  failed  to  employ. 
Provided,  that  should  any  district  raise  by  taxation  more 
money  than  that  district  is  by  this  Act  required  to  raise 
in  order  to  entitle  it  to  receive  its  apportionment  of  the 
School  Fund,  such  amount  that  is  in  excess  of  the  amount 
required  by  law  to  be  raised  by  taxation  aforesaid,  shall 
not  be  charged  against  or  deducted  from  the  share  of  such 
district  or  school  but  the  amount  so  in  excess  shall  be  re- 
tained by  the  district  or  school  raising  the  same. 

Each  District  Section  4.     That  each  district  or  school  shall  within 

to  trusteero?°r  thirty  days  after  this  Act  becomes  a  law  report  to  the 
Trustee  of  the  School  Fund  the  number  of  teachers  em- 
ployed in  such  district  or  school,  which  reports  shall  be  a 
record  in  the  office  of  said  Trustee  of  the  School  Fund  of 
the  number  of  teachers  for  which  such  districts  or  schools 
are  entitled  to  State  moneys  subject  to  the  additions  here- 
inbefore provided  foi. 

Section  5.  That  all  Acts  or  parts  of  Acts  providing 
for  special  apportionments  of  the  School  Fund  to  certain 
districts  or  schools  or  a  different  apportionment  from  that 
hereinbefore  provided  for  and  all  other  Acts  inconsistent 
with  the  provisions  of  this  Act  be  and  the  same  are  hereby 
repealed. 

Approved  March  16,  A.  D.,  1901. 


59 


CHAPTER  92,  VOLUME  26. 

OF  THE  SCHOOL  FUND. 

AN  ACT  to  further  amend  Chapter  112,  Volume  22,  Laws  of  Delaware  en- 
titled, "An  Act  prescribing  the  method  of  apportioning  the  Public  School 
Fund  among  the  School  Districts  of  this  State,"  by  increasing  the  number 
of  teachers  upon  which  such  apportionment  may  be  made  for  any  District 
or  school. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That    Chapter  112,  Volume  22,   Laws  of  chapter  m, 
Delaware,  entitled,  "An  Act  prescribing  the  method   of  "' 


apportioning  the  Public  School  Fund  among  the  School 
Districts  of  this  State,  "  as  the  same  has  since  been 
amended,  be,  and  the  same  is  hereby  further  amended  by 
striking  out  the  words'4  one  hundred  and  sixty  -five"  where 
they  occur  in  the  thirty-fifth  and  thirty-sixth  lines  ofwords,,two 
Section  2  of  said  Act,  as  the  same  has  been  amended,  and 
inserting  in  lieu  thereof  the  words  "two  hundred." 

Approved  April  27,  A.  D.  1911. 


60 


or  College 


CHAPTER  340,  VOLUME  22. 

OF  FREE  SCHOOLS. 

AN  ACT  Authorizing  Certificates  to  Teach  in  the  Free  Schools  Without  Ex- 
animations,  in  Certain  Cases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met: 

county  super-  Section  1.  That  from  and  after  the  adoption  of  this 
g?!Xncerntiflcate  Act  it  shall  be  lawful  for  any  County  Superintendent  of 
p°eSnhhSdaiSg  Free  Schools  in  this  State,  in  his  discretion,  to  give  to  any 
Noprm?ia/ch?oi  person  holding  a  diploma  or  certificate  of  graduation  from 
any  respectable  normal  school  or  college,  a  certificate  to 
teach  in  any  of  the  free  schools  of  the  county  in  which 
such  superintendent  holds  office,  without  requiring  such 
person  to  take  any  examination. 

Such  certificate  shall  be  good  for  one  year  from  its 
date,  and  no  longer. 

Section  2.  No  such  certificate  to  teach  without  ex- 
amination shall  ever  be  given  to  the  same  person  more 
than  once  except  by  and  through  the  authority  of  the  State 
Board  of  Education  of  this  State. 

Section  3.  That  all  Acts  and  parts  of  Acts  inconsistent 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Approved  February  17,  A.  D.,  1903. 


Good  for  one 
year 


Certificate 
given  to  the 
same  person 
only  once 


61 


CHAPTER  341,  VOLUME  22, 

OF  FREE  SCHOOLS. 

AN  ACT  to  Encourage  the  Education  at  Normal  Schools  of  Certain  Persons 
Intending  to  Teach  in  the  Public  Schools. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That  each  of  the  County  School  Commis-  county  school 
sions  of  this  State  be,  and  it  is  hereby  authorized  and  em- 


powered  to  expend  yearly  a  sum  not  exceeding  in  any  one    a  Ichoo?01 
year  the  sum  of  one  thousand   dollars,  for  the  purpose  of  puplls 
helping  to  defray  the  expenses  of  the  education  at  normal 
schools  of  certain  persons  intending  to  teach  in  the  public 
schools  of  this  State. 

Section  2.     To  carry  out  the  objects  of  this  Act,  each  county  school 

..  TUT  i  .-•.  ,  Commissioner 

of  said  Commissioners  shall  have  the  right  in  each  year  tomayseiect 

....  students  from 

select  any  person  or  persons  then  being  residents  of  the  any  part  of 
State,  as  shall  be  approved  by  the  Superintendent  of  Pub  -Amended 
lie  Schools  in  the  County  in  which  said  applicant  resides, 


Every  such  person  so  selected  shall  enter  into  an  obli-Pupiis  selected 
gation,  the  nature,  terms  and  condition  of  which  shall,  inob?iga*ionasato 

.  i         f,         i    »  .  !  ..  •  -I     i      i  time  of  course 

each  case,  be  fixed  by  said  commission,  provided  that  a  in  Normal 
part  of  its  condition  shall  be,  in  substance,  that  such  per-  timeoir  teach  - 
son  shall  attend  such  normal  school  as  said  commission         pnt 


shall  designate,  and  for  such  time  as  it  shall  determine, 
and  that  after  such  person  shall,  with  the  consent  of  said 
commission,  cease  to  attend  said  normal  school,  that  he  or 
she  shall  teach  in  the  public  schools  of  said  county  for 
such  time  as  the  commission  shall,  in  each  case,  appoint, 
if  said  commission  shall  arrange  with  the  proper  author- 
ities to  offer  such  person  an  engagement  as  teacher  in  said 
public  schools. 

The  said  obligation  shall  be  taken  in  the  name  of  TheFormand 
State  of  Delaware,  and  shall  be  for  such  sum  and  with  or  £b"gau?nof 
without  surety,  and  with  or  without  warrant  of  attorney 


62 

for  the  confesson  of  judgment,  as  said  commission  shall, 
in  each  case,  determine. 

Attorney  Gen-         The  Attorney    General  is  hereby  authorized  and  re- 

penVuynaSed  quired,  upon  a  certificate  of  such  commission  that  there 

nfotbcompiiedls  has  been  a  breach  of  any  of  the  conditions  of  any  such 

obligation,  to  proceed  to  collect  the  penalty  therein  named, 

and  after  collection,  to  pay  over  the  amount  so  collected  to 

the  State  Treasurer  for  the  use  of  the  State. 

Money  to  be  Section  3.     After  any  such  person  selected  as  afore- 

miSions€om"  said  shall  have  given  the  obligation  as  provided  in  Section 
2  of  this  Act,  said  commisssion  is  hereby  authorized  and 
empowered  to  pay  such  sum  or  sums  to  aid  in  defraying 
the  expenses  of  the  education  of  such  person  at  a  normal 
school  as  aforesaid,  as  said  commission  shall  deem  proper; 
provided  that  said  commission  shall  not  in  any  one  year 
pay>  *n  *ke  aggregate»  f°r  anv  one  person  f  or  the  purpose 


Amount  not  to 

exceed  two     aforesaid,  more  than  a  sum  equal  to  two  dollars  a  week  for 

dollars  per 

week  each  week  spent  in  actual  attendance  at  a  normal  school 

as  aforesaid  by  such  person. 

Money  appro-  Section  4.  The  money  necessary  to  carry  into  effect 
tne  provisions  of  this  Act  shall  be  paid  to  the  several 
County  School  Commissions  by  the  State  Treaurer,  at  such 

state  Treasurer  tjme  Or  times  and  in  such  sum  or  sums  in  each  year,  as  the 
said  commission  shall,  under  the  hands  of  its  president 
and  secretary,  draw  orders  for  on  said  State  Treasurer. 

Approved  March  26,  A.  D.,  1903. 


63 


AMENDMENT. 


CHAPTER  96,  VOLUME  26. 

OF  FREE  SCHOOLS. 

AN  ACT  to  Amend  Chapter  341,  Volume  22,  Laws  of  Delaware,  entitled: 
"An  Act  to  Encourage  the  Education  at  Normal  Schools  of  certain  per- 
sons intending  to  teach  in  the  Public  Schools. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  i?i    General  Assembly  met: 

Section  1.  That  Section  1  of  Chapter  341,  Volume  22, 
Laws  of  Delaware,  entitled,  "An  Act  to  Encourage  theamended 
Education  at  Normal  Schools  of  Certain  Persons  intending 
to  Teach  in  the  Public  Schools"  be  hereby  amended  by 
striking  out  the  words  "One  Thousand0  where  they  occur 
in  the  fourth  line  of  said  Section  and  inserting  in  lieu 
thereof  the  words  "One  Thousand,  Five  Hundred." 

Section  2.  That  Section  2  of  said  Chapter  341,  Volume 
22,  Laws  of  Delaware,  be  hereby  amended  by  stiking  outam'ended 
the  words  "for  such  time  as  the  Commission  shall,  in 
each  case,  appoint,"  where  they  occur  in  the  thirteenth 
and  fourteenth  lines  of  said  Section,  and  inserting  in  lieu 
thereof  the  words  "for  at  least  two  years  next  following 
such  date." 

Section  3.     That  said  Section  2  of  said  Act  be  hereby  fS^er 
further  amended  by  adding  after  the  word  "determine" amended 
in  the  twentieth   and   twenty-first   lines   of  said  Act,  the 
words  "The  form  of  said  bond  shall  be  prepared  for  the 
said  Commission  by  the  Attorney  General." 

Section  4.     That   Section   3   of   said   Act   be   hereby  sof act 
amended  by  striking  out  the  words  "Two  Dollars"  where 
they  occur  in  the  eighth  line  of  said  Section  and  inserting 
in  lieu  thereof  the  words  "Two  Dollars  and  a  Half." 

Approved  April  4,  A.  D.,  1911. 


64 


CHAPTER  121,  VOLUME  24. 

OF  FREE  SCHOOLS. 

AN  ACT  to  Compel  the  Attendance  of  Children  at  the  Public  Schools  of  the 
State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

children  Section  1.     That  following  the  approval  of  this  Act 

JJ5eax?toftud  every  parent,  guardian  or  other  person  in  this  State  having 


control  of  a  child  or  children  between  the  ages  of  seven  and 
fourteen  years  shall  be  required  to  send  such  child  or 
children  to  a  day  school  in  which  the  common  English 
branches  are  taught;  and  such  child  or  children  shall  at- 
tend such  school  continuously  for  at  least  five  months  each 
year  during  the  time  in  which  the  public  school  in  their 
respective  districts  shall  be  in  session,  beginning  not  less 
than  one  month  after  the  opening  of  said  school,  unless 
Exceptions  such  child  or  children  shall  be  excused  from  attendance  by 
a  majority  of  the  Commissioners  of  the  School  District  in 
which  the  parent,  guardian  or  other  person  resides,  upon 
the  presentation  to  said  Commissioners  of  satisfactory 
evidence  showing  such  child  or  children  are  prevented 
from  attendance  upon  school  or  application  to  study  by 
mental  physical  or  other  urgent  reasons,  and  such  excuse 
must  be  countersigned  by  the  County  Superintendent  of 
the  County  in  which  such  District  is  located;  but  the  ur- 
gent reasons  shall  be  strictly  construed  and  shall  not  per- 
mit of  irregular  attendance. 

school  district        Provided,  that  each  school  district  shall  have  power 

Smruiso?v     eacn  year   at   its  regular  annual  meeting  to  reduce   the 

months0  three  Peri°d  of  compulsory  attendance  to  not  less  than  three 

months,  in  which  case  the  school  meeting  must  at  that 

date  fix  a  time  for  compulsory  attendance  to  begin,  but 

such  date  shall  not  be  later  than  January  2nd,  of  each 


65 

school  year.     Provided  that  in  case  there  be  no  public 
school  in  session  within  two  miles  by  the  nearest  traveled 
road  of  any  person  within  the  school  district,  he  orshenouse 
shall  not  be  liable  to  the  provisions  of  this  Act,   unless  a 
fre.e  conveyance  is  provided. 

Provided,  that  this  Act  shall    not  apply  to  any  child  instruction  for 
that  has  been  or  is  being  otherwise  instructed  in  English  priv£|Ticho<S 


in  the  common  branches  of  learning  for  alike  period  of^ 
time  in   any  private  school,   or  by  any  legally  qualified put 
governess  or  private  teacher  in  a  family,  or  by  any  other 
means  which  shall  be  approved  by  the  County  Superinten- 
dent of  the  proper  county. 

Provided  further  that  any  principal  or  teacher  of  any 
private  school  or  educational  institution  shall  report  non- 
attendance  as  provided  in  Section  5  of  this  Act.  And  pro- 
vided also  that  the  certificate  of  any  principal  or  teacher 
of  a  private  school  or  of  any  institution  for  the  education  of 
children  in  which  the  common  English  branches  are 
taught,  setting  forth  that  the  work  of  said  school  is  in 
compliance  with  the  provisions  of  this  Act,  shall  be  suffi- 
cient and  satisfactory  evidence  thereof,  and  the  principal 
or  teacher  of  said  school  or  institution  shall  have  the 
power  to  excuse  any  child  or  children  for  non-attendance 
during  temporary  periods  in  accordance  with  the  provi- 
sions of  this  Act. 

Section  2.     That  for  every  neglect  of  duty  imposed  violation  of 
by  the  first  section  of  this  Act,  the  principal  or  teacher 
person  ia  parental  relation,  offending,  shall  be  guilty  of 
a  misdemeanor,  and  shall,  upon  conviction  thereof  before 
a  justice  of  the  peace,  magistrate  or  alderman,  forfeit  a  penalty 
fine  not  exceeding  two  dollars  on  first  conviction,  and  a 
fine  not  exceeding  five  dollars  for  each  subsequent  convic- 
tion, and  in  default  of  payment  of  said  fine,  the  defendant 
may  be  committed  to  the  county  prison  for  a  period  not 
exceeding  two  days  for  the  first  conviction,  and    for  a 
period  not  exceeding  five  days  for  each  subsequent  convic- 
tion.    Provided, upon  conviction,  the  defendant  or  def  en- Appeal  to 
dants  may  appeal  to  the  Court  of  General  Sessions  of  the  er 
proper  county  within  fifteen  days,  upon  entering  into  re- 

5 


66 


Duty  of 
superintend- 
ent before 
prosecution 


What  notice 
sufficient 


Fines,to  whom 
payable 


Attendance 
officers 


Duties  of 


cognizance  with  one  surety  for  the  amount  of  fines  and 
costs.  Provided,  however,  that  before  such  action  shall  be 
brought  for  any  of  the  aforesaid  penalties, the  parent, 
guardian  or  other  person  liable  therefor,  shall  be  notified 
in  writing  by  the  County  Superintendent  of  Schools,  or 
such  person  as  he  shall  designate,  of  such  liability,  and 
shall  have  opportunity,  by  compliance  with  the  require- 
ment of  this  Act  within  three  school  days  then  and  there- 
after to  avoid  the  imposition  of  such  penalty.  The  mailing 
of  such  notice  to  the  usual  address  of  offending  party  shall 
be  deemed  sufficient  under  this  Act.  But  after  such 
notice  has  been  given,  if  the  same  child  is  absent  from 
school  three  days  or  their  equivalent  in  time  during  the 
remaining  period  of  compulsory  attendance,  without  excuse 
provided  by  Section  1  of  this  Act,  the  parent,  guardian 
or  person  in  parental  relation,  shall  be  liable  to  prose- 
cution under  this  Act  without  further  notice. 

The  fines  provided  for  by  this  Act,  shall,  when  col- 
lected, be  paid  over  by  the  officers  collecting  the  same,  to 
the  treasurer  or  clerk  of  the  school  committee  or  board  of 
the  respective  districts  for  the  use  of  the  school  district  in 
which  such  person  convicted  resides,  to  be  applied  and  ac- 
counted for  by  such  treasurer  or  clerk  in  the  same  way  as 
other  moneys  raised  for  school  purposes;  such  fines  shall 
be  collected  by  a  process  of  law  similar  to  the  collection 
of  other  fines. 

Section  3.  Boards  of  education  and  school  committees 
may,  in  all  districts,  employ  one  or  more  persons  to  be 
known  as  ''attendance  officers7'  whose  duty  shall  be,  in  ad- 
dition to  the  duties  provided  elsewhere  in  this  Act,  to  look 
after,  apprehend  and  arrest  without  warrant,  truants  and 
others  who  fail  to  attend  school  in  accordance  with  the 
provisions  of  this  Act.  When  an  attendance  officer  arrests 
or  apprehends  any  truant  or  other  person,  as  herein  set 
forth,  he  shall  have  power  immediately  to  place  him  or 
her  in  the  school  in  which  he  or  she  is  or  should  be  en- 
rolled, or  at  the  expense  of  the  parent,  guardian  or  person 
in  parental  relation,  in  such  private  school  as  provided  by 
Section  1  of  this  Act,  as  the  parent,  guardian  or  person  in 


67 

parental  relation  may  select.  And  in  case  the  parent, 
guardian  or  person  in  parental  relation  shall  refuse  or 
neglect  immediately  to  select  such  school,  the  school  com- 
missioners or  secretary  for  school  commissisoners  shall 
have  full  power  to  designate  the  school  in  which  the  child 
shall  be  placed. 

The  persons  serving  as  such  attendance  officers,  shall  compensation 
be  entitled  to  such  compensation  as  shall  be  fixed  by  the°f 
boards  appointing  them,  and  such  compensation  may  be 
paid  out  of  the  school  funds.     But  the  sums  paid  for  such 
services    must    be    approved    by  the    Superintendent   of 
Schools  of  County.     In  case  no  truant  officer  be  appointed, 
the  secretary  or  clerk  of  the  local  school  commissioners 
shall  serve  as  such  officer. 

Commissioners  of  any  school  district  or  districts  or  of  Disrictmay 
two  or  more  districts  jointly,  may  establish  special  schools  eiautuanT6 
for  Children  who  are  habitual  truants  or  who  are  insubor- Schools 
dinate  or  disorderly  during  their  attendance  upon  instruc- 
tion in  the  public  schools,  and  may  provide  for  the  proper 
care,  maintenance  an  instruction  of  such  children  in  such 
schools  for  such  period  of  time  as  the  Board  may  prescribe. 
But  before  the  pupil  shall  be  placed  in  such  special  school, 
the  parent,  guardian  or  person   in  parent  relation  shall 
have  opportunity  to  be  heard. 

All  truancy  and  incorrigibility  shall  be  deemed  disor- incorrigible 
derly  conduct,  and  in  case  no  special  school,  as  herein  pre-Smtoedln7b 
scribed  has  been  established,  the   County  Superintendent  lchooiRe 
of  Schools,  or  secretary  or  attendance  officer,  as  the  County 
Superintendent  shall  designate,  shall  proceed  against  such 
truant  or  incorrigible  pupil  as  a  disorderly  person  before  a 
justice  of  the  peace,  magistrate  or  alderman,  and  upon 
conviction  the  pupil  may  be  sentenced  for  a  definite  time 
to  the  Ferris  Industrial  School    or    Delaware  Industrial 
School  for  Girls.     The  State  Treasurer  shall  pay  to  the  pay  for  such 
authorities  of  the  said  school,  the  sum  of  forcy  cents  perpupils 
day,  from  money  not  otherwise  appropriated,  for  each  day 
such  pupil  is  confined  in  said  institution. 


68 

Section  4.  That  it  shall  be  the  duty  of  the  assessors 
when  making  each  assessment  of  property  for  taxation  for 
school  purposes,  when  not  notified  and  directed  to  the  con- 
trary by  the  school  commissioners/to  make  in  a  substantial 
book,  provided  by  the  County  Superintendent  of  Schools 
at  the  expense  of  the  State  for  that  purpose,  a  careful  and 
List  of  children  correct  list  of  a11  children  between  the  ages  of  seven  and 
14 year? "' and  fourteen  years  within  his  district,  giving  the  full  name, 
date  of  birth,  age,  sex,  race,  estimated  distance  from 
school  house  by  nearest  traveled  road,  name  and  address 
of  parent,  guardian  or  person  in  parental  relation;  which 
enumeration,  after  approval  by  the  secretary  of  the  said 
school  district,  shall  be  sent  by  the  assessor  to  the  County 
Superintendent  ,of  Schools  of  the  County  in  which  the 
enumeration  is  made  on  or  before  the  first  day  of  Septem- 
ber. And  the  receipt  of  the  County  Superintendent  of 
Schools  shall  entitle  the  aforesaid  assessor,  to  a  fee  of  one 
dollar  for  each  one  hundred  names  or  fraction  thereof,  of 
children  on  such  list;  said  sum  to  be  paid  from  the  school 
funds  of  the  district  in  which  such  enumeration  shall  have 
been  made. 

county  super-  It  shall  be  the  duty  of  the  said  County  Superinten- 
dent  of  Schools  to  forward  to  the  principal  teacher  of  the 
proper  school  district  prior  to  September  15th  in  each 
year,  a  list  of  all  children  in  his  or  her  district  who  are 
subject  to  the  provisions  of  this  Act. 

school  officers  Provided  further,  that  the  attendance  officer,  if  there 
ke  any,  or  the  County  Superintendent  of  Schools  or  the 
Secretary  or  clerk  of  the  school  commissioners,  or  princi- 
pal teacher,  shall  have  authority  to  make  any  additions  or 
corrections  to  the  assessor's  list  aforesaid  for  the  purpose 
of  carrying  into  effect  the  provision  of  this  Act. 

Report  of  Section  5.     That  it  shall  be  the  duty  of  each  teacher  of 

Attendance     the  school  district  at  the  close  of  each  school  month,  to  re- 

counetyan       port  to  the  attendance  officer,  and  to  the  County  Superinten- 

!mper  dent  of  Schools  the  names  of  all  children  in  the  district 

who  have  been  absent  without  lawful  excuse;  when,  if  it 

shall  appear  that  any  parent,  guardian  or  other  person 


69 

having  control  of  any  child  or  children  shall  have  failed  to 
comply  with  the  provisions  of  this  Act,  after  notification 
in  writing  as  provided  in  Section  2,  the  County  Superin- 
tendent, or  such  attendance  officer  as  he  shall  direct,  shall 
proceed  in  the  name  of  the  State  under  authority  of  the 
commissioners  of  the  local  district  affected,  against  the 
offending  party  or  parties  in  accordance  with  the  provi- 
sions of  this  Act. 

Provided  further,  that  if  sufficient  cause  be  shown  for  costs,  how 
a  failure  to  comply  with  the  provisions  of  this  Act,  or   if  ps 
the  costs  of  prosecution  cannot  be  collected  from  the  defen- 
dant in  case  of  his  or  her  conviction,  said  costs  shall  be 
paid  out  of  the  school  funds,  upon  a  proper  voucher  ap- 
proved by  the  commissioners  of  said  district. 

Section  6.     That  the  assessor  of  school  taxes,  princi-  violation  of 
pal,  teacher,  secretary  or  attendance  officer  if  there  be  one, 


of  any  Board  of  Commissioners,  who  willfully  neglects  or 
refuses  to  comply  with  the  provisions  of  this  Act  shall  upon 
complaint  lodged  by  the  County  Superintendent  of  Schools 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
before  an  alderman,  magistrate  or  justice  of  the  peace, 
shall  forfeit  or  pay  a  fine  not  exceeding  twenty-five  dol-penauy 
lars,  subject  to  the  right  of  appeal  to  the  Court  of  General 
Sessions  of  the  proper  county  within  fifteen  days  upon  en- 
tering into  recognizance  with  one  surety  for  the  amount  of 
fines  and  costs. 

Section  7.     That  the  State  Treasurer  of  Delaware  shall  ^ 
withhold  one-fourth  the  State  dividend  from  any  school  tdUI  withheld 
district  or  districts  which  neglects  or  refuses  to  enforce  forcemeat" 
the  provisions  of  this  Act  in  a  manner  satisfactory  to  the 
County  Superintendent  of  Schools  of  the  county  in  which 
such  school  shall  be  located. 

Section  8.     That  the  necessary  expenses  incurred  by  Expensesof 
State  officials  in  carrying  out  and  enforcing  the  pro  visions  enforcement 
of  the  Act  shall,  upon  approval  by  the  State  Board  of  Edu-  paid  ' 
cation,  be  paid  by  the  State  Treasurer. 


70 

Section  9.     That  in  enforcing  the  provisions  of  this 
Act  within  the  limits  of  the  school  districts  of  the  City 
r-  of  Wilmington,   the  powers  and  duties  herein  conferred 
upon    the    county  superintendents    of  schools,    board  of 
school  commissioners  by  whatever  title  known,  and  as- 
Boardof        sessors,   are  hereby  conferred    upon  the  "  The  Board  of 
Edu^atjo^uin    Public  Education  in  Wilmington,"  and    it   shall   be   the 
°no1  ^utv  °^  ^e  Board  of  Police  Commissioners  of  the  city  of 
Wilmington  to  cooperate  with  "The  Board  of  Public  Edu- 
cation   in    Wilmington,"    in    enforcing     the    provisions 
of   this  Act,   to  look  after,   apprehend  and  arrest   with- 
out warrant,  truants  and  others  who  fail  to  attend   school 
in  accordance  with  the  provisions  of  this  Act. 

Approved  March  15,  A.  D.  1907. 

Amended  and  approved  March  18,  A.  D.  1909. 


71 


CHAPTER  122,  VOLUME  24. 

OF  FREE  SCHOOLS. 

AN  ACT  prescribing  the  Method  by  which  the  School  Districts  of  this  State 
may  Borrow  Money  for  the  Purpose  of  Building  and  Furnishing  or  Im- 
proving and  Enlarging  School  Houses. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That  in  order  that  the  Board  of  Education  school  District 
or  School  Committee  of  any  school  district  in  this  State,  Soneby°forw 
single,  united,  consolidated  or  incorporated,  may  borrow 
money  for  the    building    and  furnishing   of  new    school 
houses,  or  the  repairing,  remodelling,  or  enlarging  and 
furnishing  of  school  houses  already  erected, they  and  each  of 
them  are  severally  authorized,  directed  and  empowered  to 
borrow  money  on  the  faith  of  the  respective  districts,  and 
to  provide  for  the  payment  of  the  same  as  hereinafter  set 
forth. 

Section  2.  At  any  time  when  ten  or  more  taxables  of  Procedureto 
any  of  the  aforesaid  school  districts  in  this  State 
present  a  written  petition  to  the  Board  of  Education  or 
School  Committee  of  the  district  in  which  the  said  peti-toborrow 
tioners  reside,  setting  forth  the  necessity  of  a  new  school 
house  for  said  district,  or  of  the  repairing,  remodelling, 
or  enlarging  and  furnishing  of  the  school  house  already  in 
said  district,  and  naming  in  said  petition  the  amount  of 
money  necessary  therefor,  and  praying  that  a  special  elec- 
tion be  called  that  the  voters  of  said  school  district  may 
vote  upon  the  proposition,  it  shall  be  the  duty  of  said  Board 
or  committee  forthwith  to  issue  a  call  for  a  special  election 
to  be  held  at  which  the  question  of  borrowing  money  for 
the  purposes  aforesaid  shall  be  voted  upon. 

Notices  of  the  election  aforesaid  shall  be  posted  in  at  Notice  of 
least  ten  public  places  in  the  district  affected  for  at  least  Ltd101 
ten  days  prior  to  the  date  fixed  for  such  election.     In  case 


72 


When  secured 
election  may 
be  called 


Qualification 
of  electors 


Form  of 
ballots 


when  bonds 


HOW  signed 


the  proposal  to  borrow  money  shall  not  be  approved  by  the 
majority  of  the  votes  cast  at  such  special  election,  the 
Commissioners  of  said  district  shall,  on  the  further  appli- 
cation of  ten  or  more  freehold  taxables  as  aforesaid,  call 
another  election  with  the  same  notices  as  aforesaid;  pro- 
vided twelve  months  shall  have  elapsed  since  any  preced- 
ing election  for  the  purpose  was  held. 

Section  3  At  every  election  held  under  the  provisions 
of  this  Act  each  person  who  would  have  had  a  right  to 
vote  at  the  regular  school  election  of  the  district,  next 
preceding  such  special  election,  and  also  every  female 
resident  seized  of  an  estate  of  freehold  situated  in  said 
district,  shall  have  a  right  to  cast  one  vote  for  every  dol- 
lar and  fractional  part  of  a  dollar  of  school  tax  assessed 
for  the  year  in  which  such  election  is  held,  against  him  or 
her  respectively.  At  every  election  held  under  the  provi- 
sions of  this  Act,  the  voting  upon  the  question  aforesaid, 
shall  be  by  ballot  upon  which  shall  be  written  or  printed 
either  the  words  "For  Better  School  Houses"  or  the  words 
"Against  Better  School  Houses." 

Section  4.  In  case  a  majority  of  the  ballots  cast  at 
any  guch  eiectjon  held  under  the  provisions  of  this  Act, 
shall  be  "For  Better  School  Houses,"  the  Board  of  Educa- 
tion or  School  Committee  of  said  district  shall,  as  soon  as 
practicable  thereafter  issue  and  sell  the  bond  or  bonds  of 
the  district  for  such  amount  or  amounts  and  in  such  de- 
nomination or  denominations  as  they  shall  deem  proper, 
provided  that  the  aggregate  of  said  bonds  shall  not  exceed 
the  sum  named  in  the  petition  for  the  special  election  as 
aforsaid;  such  bond  or  bonds  shall  be  known  as  "Bonds 
of  School  District  No.-  -  in  —  -  County, 

Delaware"  inserting  the  number  of  the  school  district  or 
the  incorporated  name  of  said  district  as  the  case  may  be, 
and  of  the  county  in  which  such  district  is  situated.  Their 
form,  their  date,  the  time  of  their  interest  payments  and 
of  their  maturity,  the  place  of  their  payments  and  their 
rate  of  interest  not  exceeding  six  per  centum  per  annum, 
shall  be  as  prescribed  by  the  said  Board  of  Education  or 
school  Committee.  They  shall  be  signed  by  the  president 


73 

of  said  Board  or  by  the  senior  member  of  the  School  Com- 
mittee,  and  shall  be  attested  by  the  secretary  or  clerk 
thereof.     If  the  school  district  have  a  corporate  seal,  said 
seal  shall  be  affixed  to  said  bond,  but  if  the  district  have 
no  seal,  then  the  usual  seal  being  the  word  "seal"  with 
a  scroll    around    it  appearing    upon  said    bond,  shall  be 
deemed  and  taken  to  be  the  corporate  seal  of  the  district. 
If  the  Board  of  Education  or  School  Committee  shall  deem 
it  proper  a  mortgage  may  also  be  given  for  the  sum  to  bef^sofissuing 
borrowed  as  aforesaid,  and  said  mortgage  may  cover  any 
of  the  real  property  belonging  to  said  district.     The  f ore- Same condi. 
going  provisions  as  to  bonds  to  be  issued  under  this  Act  ;;o0nr^gaasg^0ag  of 
relative  to  their  form,   date,  time  and  place  of  interest bond  issue 
payments,  and  of  maturity,  rate  of  interest,  and  the  mode 
or  manner  of  their  execution,  shall  apply  with  respect  to 
any  mortgage  which  may  be  given  under  the  provisions  of 
this  section.     The  faith  and  credit  of  the  district  shall  be 
deemed  to  be  pledged  by  the  execution  and  delivery  of  any 
bonds  or  mortgages  under  the  provisions  of  this  Act.    The 
Board  of  Education  or  School  Committee  of  the  district 
authorized  and  directed  in  each  year  after  any  sum 
money  has  been  borrowed  as  aforesaid  and  until  the 
payment  of  the  sum  or  sums  so  borrowed  with  interest,  to 
provide  for  the  payment  of  interest  on  the    indebtedness 
and  for  the  establishment  of  a  sinking  fund  to  pay  the 
principal  thereof,  by  fixing  and  levying  a  tax  sufficient 
for  this  purpose. 

The  tax  levied  and  collected  for  the  interest  and  sink- Mich  tax  to  be 
ing  fund  as  foresaid,  shall  be  levied  and  collected  as  other  [Sii^tJdas 
school  taxes  in  the  district,  and  shall  be  in  addition  to  the01 
amount  which  the  school  district  is  authorized  to  raise  by 
taxation  for  other  purposes. 

Section  5.     This  Act  shall  be  deemed  and  taken  to  be 
a  public  Act. 

Approved  April  4,  A.  D.,  1907. 


74 


CHAPTER  123,  VOLUME  24. 

OF  FREE  SCHOOLS. 

AN  ACT  Authorizing  the  County  School  Commissions  to  Alter,  Divide,  Con- 
solidate or  Unite  School  Districts  for  Colored  People. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.  That  the  County  School  Comissions  of  the 
besaritersed!alc.  respective  counties  of  this  State  be  and  the  same  are  here- 
ky  authorized  and  empowered  to  alter,  divide,  consolidate 
or  unite  the  School  District  for  colored  people  whenever 
said  School  Commisions  shall  deem  such  action  for  the 
best  interests  of  the  colored  pupils  in  said  districts. 

Approved  March  29,  A.  D.,  1907. 


CHAPTER  124,  VOLUME  24. 

OF  FREE  SCHOOLS. 
AN  ACT  Pertaining  to  the  State  of  Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in    General  Assembly  met: 

Section  1.     That  the  Constitution  of  this  State  shall 
tobe  taught  and  explained  to  the  scholars  in  each  and  every 
one  of  the  public  schools  of  this  State. 

It  shall  be  the  duty  of  the  several  School  Commission- 
ers or  Board  having  control  of  said  schools  to  see  that  the 
provisions  of  this  Act  are  complied  with. 

Approved  April  9,  A.  D.,  1907. 


75 


CHAPTER  129,  VOLUME  24. 

OF  FREE  SCHOOLS. 
AN  ACT  Fixing  the  Time  for  Holding  School  Meetings  in  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

Section  1.  A  stated  meeting  of  the  school  voters  of 
each  district  in  Kent  County  exclusive  of  those  held  in  in- 
corporated  districts  whose  respective  charters  fix  the  timeinjune 
for  holding  their  school  meetings,  shall  be  held  on  the 
first  Saturday  in  June  of  each  year  at  two  o'clock  in  the 
afternoon. 

Section  2.     That  all  Acts  or  parts  of  Acts  inconsistent 
with  this  Act  are  hereby  repealed. 

Approved  February  25,  A.  D.,  1907. 


76 


CHAPTER  90,  VOLUME  25. 

OF  FREE  SCHOOLS. 

AN  ACT  for  the  Improvement  of  School   Houses  for  Colored  Children  in 
Sussex  County  and  Making  an  Appropriation  Therefor. 

Whereas,  Many  of  <the  buildings  now  used  by  the 
colored  children  for  school  houses  are  unfit  and  inadequate 
for  the  purpose ;  and 

Whereas,  The  financial  condition  of  the  colored  people 
is  such  that  they  cannot  afford  to  build  school  houses 
through  taxation,  solely,  as  provided  in  the  general  school 
laws  of  the  State;  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

topepn?argetion  Section  1.  That  the  sum  of  one  thousand  dollars  is 
SSfooi  bout*  nereby  appropriated  from  the  State  Treasury  for  the  pur- 
pose  °^  enlarging"  and  rebuilding  school  houses  for  the 
y c°l°red  children  of  Sussex  County;  the  expenditure  of  said 
under  control  amount  to  be  under  the  control  and  direction  of  the 

of  County 

commission     County  School  Commission  for  said  County. 

SES!?ohn00to  Section  2.  The  County  School  Commission  of  Sussex 
SStlpn  S?n  County  shall  decide  after  conference  with  the  school  com- 
building  mittees  of  the  respective  districts  upon  the  location  of  the 
building,  and,  before  the  commencement  of  the  work,  shall 
shaii  deter-  determine  the  amount  that  is  to  be  appropriated  to  the 

name  amount,  .  , .  . 

Partlcular  district;  provided,  however,  that  the  amount 
appropriated  any  particular  district  shall  not  exceed  one- 
half  the  amount  estimate  to  be  necessary  to  complete  the 
comtemplated  school  improvement  in  that  district. 

prijfflg0'  Section  3.     That  the  amount  herein  appropriated  shall 

to  be  paid       be  paid  by  the  State  Treasurer  on  orders  drawn  by  the 

President  of  the  County  School  Commission,  attested  by 

the  Secretary  of  the  Commission. 

Approved  March  26,  A.  D.,  1909. 


77 


CHAPTER  362,  VOLUME  22. 

AN  ACT  Providing  for  the  Establishment  and  Maintenance  of  Free  Public 
Libraries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met,  {three-fourths  of 
the  members  elected  to  each  House  concurring  therein]  : 

Section  1.     That  as  soon  as  may  be  after  the  adoption  creation  of 
of  this  Act,  there  shall  be  created  and  established  a  board co^mffiSn7 
to  be  known  as  ''The  State  Library  Commission  for  the 
State  of  Delaware."     Said  Commission  shall  be  composed  How  composed 
of  nine  persons  to  be  appointed  by  the  Governor,  who  shall 
respectively  hold  office  for  the  term  of  five  years  or  until 
their  succesors  are  duly  chosen;  provided,  that  in  the  first 
Commission   created  under  this   Act,  the  Governor  shall 
appoint  three  members  for  the  term  of  one  year,    three Terms  Ol  office 
members  for  the  term  of  three  years,  and  three  members 
for  the  term  of  five  years.     All  vacancies  on  said  Commis- 
sion whether  occuring  by  expiration  of  term,  or  otherwise,  Vacancies 
shall  be  filled  by  the  Governor.     No  person  shall  be  in- 
eligible by  reason  of  sex  to  serve  on  the  Commission. 

Section  2.     The  said  Commission  shall  organize  by  the  o 
selection  from  its  members  of  a  chairman  and  such  other ° 
officers  as  are  or  may  be  deemed  advisable;  provided,  that 
the  State  Librarian  shall,  by  virtue  of  his  office,  be  the 

.......  .111  State  Librarian 

Secretary  of  said  Commission,  but  shall  have  no  vote  or  secretary  of 
voice  in  the  acts  and  proceedings  of  said  Commission.    No  Notary  for 
member  shall  receive  any  salary  or  compensation  for  hism 
services  as  such  Commissioner. 

The  Commission  is  hereby  authorized  and  empowered  Additional 
to  expend  such  sum  or  sums  as  it  shall  deem  proper  andpov 
necessary  for  effectuating  the  objects  of  this  Act,  provided 
said  sum  shall  not  in  the  aggregate  in  any  one  year  exceed 
the  sum  of  one  thousand  dollars  exclusive  of  the  expenses 
actually  incurred  by  the  members  in  attendance  on  the 
Commission,  and  of  sums  expended   for  necessary  print- 


78 


to  pay 
contingent 


Duties  of 


ing,  postage  and  stationery.  Such  sums,  together  with 
the  actual  expenses  of  the  members  incurred  in  attending 
state  Treasurer  the  Commission  and  all  bills  for  necessary  printing,  post- 
age and  stationery,  shall  be  paid  by  the  State  Treasurer 
to  the  said  Commission,  upon  the  order  or  orders  of  its 
Chairman  or  President,  attested  by  its  Secretary. 

Section  3.  The  said  Commission  shall  have  general 
supervision  over  all  libraries  in  this  State  established  or 
maintained  under  the  provisions  of  this  Act;  and  shall 
have  the  supervision  and  control  of  all  circulating  libraries 
now,  or  hereafter  to  be  established  under  the  provisions 
of  Chapter  220,  of  Volume  21,  of  the  Laws  of  Delaware; 
shall  have  power  to  require  of  any  and  all  District  Library 
Commissions  created  as  hereinafter  provided  such  reports 
as  are  or  may  be  deemed  proper;  shall  make  certificate  to 
the  State  Treasurer  when  any  library  is  entitled  to  State 
aid,  as  is  hereinafter  provided;  and  shall  have  all  further 
and  other  powers  necessary  and  proper  for  the  general 
supervision  of  the  libraries  aforesaid.  The  said  State 
Library  Commission  shall  have  power  to  make  all  rules 
and  by-laws  for  its  own  government.  The  said  Commis- 
sion shall,  in  the  month  of  January  in  each  year  in  which 
Make  biennial  there  is  a  regular  biennial  session  of  the  General  Assem- 
bly of  this  State,  make  report  to  said  General  Assembly  of 
its  doings  and  of  an  recommendations  deemed  advisable. 

school  district  Section  4.  Any  Single,  united,  consolidated  or  incor- 
porated School  District  in  this  State  may  receive  in  its 
corporate  capacity  and  hold  any  devise,  bequest  or  dona- 
tion for  the  foundation  and  establishment  or  for  the  main- 
tenance, support  and  increase  of  a  free  public  library 
within  same. 


may  receive 
bequests,  &c. 


voters  thereof 


Section  5.  Any  single,  united,  consolidated  or  incor- 
porated  School  District  in  this  State  is  hereby  authorized 
and  empowered  to  establish  and  maintain  a  free  Public 
Library,  with  or  without  reading  room,  provided  that  at 
any  election  held  as  hereinafter  provided,  a  majority  of 
the  qualified  electors  of  said  School  District  then  present 
and  voting,  shall  vote  in  favor  of  such  establishment. 


79 

Section  6.  For  the  purposes  of  this  Act,  all  the  School  classification 
Districts  in  this  State,  single,  united,  consolidated  and 
incorporated,  are  classified  according  to  the  sums  which 
the  several  Boards  of  Education  or  School  Committees  are 
authorized  by  law  to  levy  and  raise  by  taxation  annually 
for  current  school  expenses,  as  follows,  namely: 

Every  District  in  which  the  sum  authorized  as  afore- 
said is  six  thousand  dollars  or  more,  shall  be  deemed  and 
taken  to  be  a  District  of  the  First  Class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  four 
thousand  nor  as  much  as  six  thousand  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Second  Class; 
every  District  in  which  the  sum  authorized  as  aforesaid  is 
not  less  than  two  thousand,  nor  as  much  as  four  thousand 
dollars,  shall  be  deemed  and  taken  to  be  a  District  of  the 
Third  Class;  every  District  in  which  the  sum  authorized 
as  aforesaid  is  not  less  than  one  thousand,  nor  as  much  as 
two  thousand  dollars,  shall  be  deemed  and  taken  to  be  a 
District  of  the  Fourth  Class;  every  District  in  which  the 
sum  authorized  as  aforesaid  is  not  less  than  five  hundred, 
nor  as  much  as  one  thousand  dollars,  shall  be  deemed  and 
taken  to  be  a  District  of  the  Fifth  Class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  two 
hundred,  nor  as  much  as  five  hundred  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Sixth  Class;  and 
every  district  in  which  the  sum  authorized  as  aforesaid  is 
less  than  two  hundred  dollars  shall  be  deemed  and  taken  to 
be  a  District  of  the  Seventh  Class. 

Provided,  however,  that  the  provisions  of  paragraphs 
one  and  two  of  this  Section  shall  not  govern  or  determine 
of  which  class  United  School  Districts  Nos.  67,  96,  106  and 
107  in  Sussex  County  is;  and  said  United  School  Districts  I 
Nos.  67,  96,  106  and  107  in  Sussex  County  be  and  the  same01' 
is  hereby  expressly  declared  to  be  a  District  of  the  First 
Class;  and  all  the  provisions  of  this  Act  relating  to  a  Dis- 
trict of  the  First  Class  are  hereby  expressly  declared  to  be 
applicable  to  United  School  Districts  Nos.  67,  96,  106  and 
107  in  Sussex  County. 


80 


quaufieddt° 


petition 


petitioners 


Denning 


°° 


Section  7.  Every  Board  of  Education  or  School  Com- 
in  this  State  shall  submit  the  question  as  to  the 
establishment  of  a  free  public  library  in  said  District  to 
the  qualified  electors  thereof,  at  a  special  election  to  be  held 
on  the  day  next  following  the  ensuing  regular  school  elec- 
tion in  such  District,  not  being  Sunday  or  a  legal  holiday; 
provided  said  Board  or  Committee  be  petitioned  so  to  do 
thirty  days  at  least  before  the  next  succeeding  regular 
school  election  in  such  District,  by  a  number  of  the  quali- 
fied  electors  thereof.  The  number  of  qualified  electors  who 
must  petition  as  aforesaid,  shall  be  as  follows,  namely:  in 
districts  of  the  First  or  Second  Class,  twenty  qualified 
electors;  in  Districts  of  the  Third,  Fourth  or  Fifth  Class, 
ten  qualified  electors;  and  in  Districts  of  the  Sixth  or 
Seventh  Class,  five  qualified  electors. 


Provided,   however,   that  in  United  School  Districts 
Nos.  67,  96,  106  and  107  in  Sussex  County  the  method  of 
petitioning  for  and  the  time  of  holding  such  election  shall 
107   '  be  as  follows:  "The  Board  of  Commissioners  of  the  Public 

Schools  of  Georgetown,  Sussex  County  "  of  said  District 
shall,  when  petitioned  so  to  do  by  at  least  twenty  quali- 
fied electors  in  said  District,  submit  the  question  as  to  the 
establishment  of  a  free  public  library  in  said  District  to 
the  qualified  electors  thereof,  at  a  special  election  to  be 
held  on  the  fifth  Monday  next  succeeding  the  date  of  the 
presentation  of  said  petition  to  the  said  "The  Board  of  Com- 
missioners of  the  Public  Schools  of  Georgetown,  Sussex 
County.  " 

vote  to  be  by  Section  8.     The  vote  on  the  question   as  to  the  es- 

tablishment of  a  free  public  library,  when  submitted  as 
fiSrnmto°beQues'  aforesaid,  shall  be  by  ballot,  upon  which  shall  be  printed 
voted  on         or  written  either  the  words  "for  a  free  library,"  or  the 
words  "against  a  free  library."    A  majority  of  the  ballots 
cast  legally  at  said  election  shall  determine  the    question. 
All  persons  entitled  to  vote  at  the  regular  school  election 
next  before  such  special  election  shall  be  entitled  to  vote 
on  such  question. 


Election 


81 

In  all  respects  the  place  of  voting,  and  the  conduct  of  HOW  held 
the  election,  counting  of  ballots,  and  the  like  shall  be  as 
now  are,  or  hereafter  may  be,  provided  by  law  for  the  re- 
gular school  election  in  the  School  District  wherein  such 
question  is  submitted.  Provided,  that  the  Board  of  Edu- 
cation or  School  Committee,  upon  being  petitioned  to  sub- 
mit the  question  of  the  establishment  of  a  free  library  as 
hereinbefore  provided,  shall  give  notice  of  such  submis- 
sion by  printed  advertisements  posted  in  at  least  five  pub- Notice  of 
lie  places  in  said  District  at  least  ten  days  before  the  elec- 
tion. The  said  advertisements  shall  state  the  question  to 
be  submitted  as  hereinbefore  provided,  and  the  time  and 
place  of  voting  upon  such  question.  In  case  any  Board  of 
Education  or  School  Committee  shall  neglect  or  refuse  to  Neglect  of 

i  •  r  i  i  1,1       notice 

give  such  notice,  any  qualified  elector  may  do  so,  and  the 

,      , ,  ,  rt>  i  i       How  made 

notice  so  given  shall  be  as  effectual  as  though  given  by  effectual 
said  Board  or  Committee. 

Section  9.     If  a  majority  of  the  ballots  cast  as  afore- subsequent 
said  shall  be  against  the  establishment  of  a  free  library, e 
the  question  as  to  such  establishment  may  again  be  sub- 
mitted at  special  election  to  be  held  on  the  day  next  fol- 
lowing any  regular  school  election  thereafter  ensuing  (not 
being  Sunday  or  a  legal  holiday)   as  often  as  petitions 
therefor  shall  be  presented  to  the  said  Board  of  Education 
or  School  Committee  as  hereinbefore  provided. 

Section  10.     If  at  any  election  the  qualified  electors 
shall  in  the  manner  aforesaid,  declare  in  favor  of  the  es-Boardo? 
tablishment  of  a  free  public  library  in  any  District,  then  school1101 
the  Board  of  Education  or  School  Committee  thereof  shall,  c< 
and  it  is  hereby  authorized,  empowered  and  required  to 
levy  and  raise  by  taxation  for  the  purpose  of  the  establish- Taxation  for 
ment  of  such  library  therein,   and  also  for  the  mainte-purposeofact 
nance,  increase  and  support  of  said  Library  for  the  year 
then  next  ensuing,  a  sum  determinable  by  the  class  in 
which  such  District  belongs,  that  is  to  say:     If  such  Dis- 
trict be  of  the  First  Class,  the  sum  required  to  be  leviedofadSfrCic!s0n 
and  raised  as  aforesaid  shall  be  not  less  than  five  hundred  Amount  of  tax 
nor  more  than  one  thousand  dollars;  if  such  District  be  of in each class 
the  Second  Class,  the  sum  so  required  as  aforesaid  shall  be 


82 

not  less  than  one  hundred  and  fifty,  nor  more  than  four 
hundred  dollars;  if  such  District  be  of  the  Third  Class  the 
sum  so  required  as  aforesaid  shall  be  not  less  than  one 
hundred,  nor  more  than  three  hundred  dollars;  if  such 
District  be  of  the  Fourth  Class,  the  sum  so  required  afore- 
said shall  be  not  less  than  seventy-five  dollars,  nor  more 
than  two  hundred  dollars;  if  such  District  be  of  the  Fifth 
Class,  the  sum  so  required  as  aforesaid  shall  be  not  less 
than  fifty,  nor  more  than  one  hundred  and  fifty  dollars;  if 
such  District  be  of  the  Sixth  Class,  the  sum  so  required  as 
aforesaid  shall  be  not  less  than  forty  nor  more  than  one 
hundred  dollars;  and  if  such  District  be  of  the  Seventh 
Class,  the  sum  so  required  as  aforesaid  shall  be  not  less 
than  twenty-five,  nor  more  than  seventy-five  dollars. 

subsequent  And  annually  thereafter  such  Board   of   Education    or 

annual  taxa- 

lion  School  Committee  shall  levy  and  raise  by  taxation  for  the 

maintenance  and  increase  of  the  library  so  established  as 
aforesaid,  a  sum  as  hereinbefore  prescribed  and  limited  in 
this  section  for  the  establishment  of  such  library. 

Taxes  collected  All  sums  authorized  to  be  levied  and  raised  by  taxa- 
nner  aTscSooT  tion  under  this  Act,  shall  be  levied,  raised  and  collected  as 
school  taxes  for  current  school  expenses  are,  and  shall,  if 
the  said  Board  or  Committee  deem  it  necessary,  be  in  ex- 
cess of  and  in  addition  to  the  sum  or  amount  authorized  to 
be  raised  in  said  District  by  taxation  for  current  school 
expenses. 

Each  district  to        Any  District  in  which  a  library  has  been  established 

amount™      as  aforesaid,  may  fix  any  sum  (not  less  than  the  minimum 

ftSsel,  but enot  sum  required  to  be  raised  in  said  District  as  hereinbefore 

mumhanmini"  prescribed  in  this  section)  to  be  levied  and  raised  in  the 

District  for  the  maintenance  and  increase  of  the  library 

therein  during  the  ensuing  year.    The  vote  to  fix  any  sum 

shall  be  by  ballot,  and  a  majority  of  the  ballots  cast  at 

such  election  shall  determine  the  question. 

T  elect  school  Section  11.  Every  School  District  in  this  State  which 
shall  establish  a  free  public  library  pursuant  to  the  provi- 
sions of  this  Act,  shall  annually  thereafter,  at  an  election 
held  on  the  day  next  following  the  regular  school  election 


83 

(not  being  Sunday  or  a  legal  holiday)  elect  members  of  a 
school  District  Library  Commission. 

The  said  District  Library  Commission  shall  be  com- Number  of 
posed  of  the  following  number  of  members,  namely:  if  itm' 
be  a  commission  in  a  District  of  the  First  or  Second  Class,  classification 
nine  members;  in  a  District  of  the  Third  or  Fourth  Class,  Somber?}**1 
five  members;  in  a  district  of  the  Fifth,  Sixth  or  Seventh m 
Class,  three  members.  The  members  shall  hold  office  for 
the  term  of  three  years,  or  until  their  successors  are  duly 
elected  and  qualified;  provided  that  at  the  first  election  of 
said  commisison  next  succeeding  the  establishment  of  a 
free  public  library  as  aforesaid  the  members  of  said  com- 
mission shall  be  elected  for  the  following  terms,  namely: 
for  a  District  of  the  First  or  Second  Class,  three  members 
shall  be  elected  for  one  year,  three  for  two  years,  and 
three  for  three  years,  or  until  their  successors  are  duly 
chosen  and  qualified;  for  a  District  of  the  Third  or  Fourth 
Class,  two  of  the  members  shall  be  elected  for  one  year, 
two  for  two  years,  and  one  for  three  years,  or  until  their 
successors  are  duly  chosen  and  qualified;  for  a  District  of 
the  Fifth,  Sixth  or  Seventh  Class,  one  of  the  members 
shall  be  elected  for  one  year,  one  for  two  years,  and  one 
for  three  years,  or  until  their  successors  are  duly  chosen 
and  qualified;  provided  further,  that  the  Board  of  Educa- 
tion or  School  Committee  in  any  School  District  wherein 
the  question  as  to  the  establishment  of  a  free  public 
library  has  been  submitted  and  carried  in  favor  of  such 
establishment  as  hereinbefore  provided,  shall,  as  soon  as 
may  be  after  the  decision  upon  such  question  has  been  as- 
certained, elect  all  of  the  members  of  such  district  library 
commission  to  compose  the  first  district  library  commis- 
sion to  act  until  their  successors  have  been  elected  by  the 
qualified  electors  of  the  district  at  the  time  hereinbefore 
provided  for  such  election. 

The  members  of  any  district  library  commission  may  Members  of 
or  may  not  be  members  of  the  Board  of  Education  or  School 
Committee  of  the  district  and  no  person  shall  be  ineligible S 
to  serve  on  said  commission  by  reason  of  sex.     The  elec- 
tion of  the  members  of  said  Commission  at  any  district 


84 


election  shall  be  by  ballot  by  the  qualified  electors  of  said 
district,  and,  in  all  other  respects  except  as  to  the  day  of 
election  shall  be  conducted  as  is  the  election  of  members 
of  the  Board  of  Education  or  School  Committee  in  the 
District. 

Section  12.  The  first  meeting  of  the  District  Library 
Commission  shall  be  on  the  evening  of  Tuesday  next  suc- 
ceeding the  election  of  its  members.  The  Commission 
shall  organize  by  electing  from  its  members  a  chairman 
and  secretary,  and  such  other  officers  as  it  may  deem  pro- 
per. The  treasurer  of  the  School  District  shall  be  the 
treasurer  of  said  Commission,  and  shall  be  subject  to  all 
orders  of  said  commission  relative  to  moneys  in  his  hands 
of  which  the  said  commission,  has  custody,  as  provided  in 
this  Act.  The  official  bond  of  said  Treasurer  shall  be  held 
and  deemed  to  cover  and  include  all  such  moneys,  and  the 
due  and  proper  accounting  therefor.  A  vacancy  in  said 
Commission  caused  by  refusal  to  act,  death,  resignation, 
or  otherwise,  shall  be  filled  by  said  Commission  until  the 
regular  school  election  next  succeeding.  A  failure  to  at- 
tend three  meetings  of  said  Commission  in  succession 
shall,  at  the  option  of  said  Commission,  be  deemed  a 
vacancy. 

Library  land,  Section  13.     The     District    Library    Commission     so 

S-opSt?rtobeelected  as  a:foresaid  shall  have   the  entire    custody  and 
DisStd^0ibra-management  of  the  library  and  all  property    owned    or 
ry  commission  leased,  or  donated,  relating  thereto,  and  all  money  raised 
by  the  district  or  donated  for  its  establishment  and  main- 
tenance, or  paid   by  the  State  Treasurer,  as  hereinafter 
provided,  shall  be  placed  in  the  care  and  custody  of  said 
Commission  to  be  expended  or  retained    by  said  Commis- 
sion for  and  in  behalf  of  the  district   for   the   foundation 
and  establishment  and  for  the  maintenance  and  increase 
of  its  free  public  library. 


First  meeting. 


Organization. 


Treasurer. 


Bond  of. 


Vacancy. 


How  filled. 


Report. 


The  Commission  shall  make  an  explicit  report  to  the 
district  at  each  annual  school  meeting  of  all  its  receipts 
and  expenditures,  and  of  all  the  property  of  the  district 
in  its  care  and  custody,  including  a  statement  of  any  un- 
expended balance  of  money,  and  of  any  bequests  or  dona- 


85 

tions  in  behalf  of  the  district,  and  of  any  sum  or  sums  re- 
ceived from  the  State  as  hereinafter  provided,  with  such 
recommendations  with  reference  to  same  as  are  deemed 
necessary  for  the  district  to  consider. 

The  said  Commission  shall  also  make  report  and  re- 
commendation concerning  the  amount  of  money  deemed 
necessary  and  proper  by  said  Commission  to  be  raised  by 
taxation  for  any  one  year  for  said  Library,  to  the  Board  of 
Education  or  School  Committee  after  the  selection  of  said 
Commission  as  aforesaid  and  prior  to  the  fixing  of  the  rate 
of  taxation  for  said  purpose  by  said  Board  of  Education, 
or  School  Committee.  The  said  District  Library  Commis- 
sion shall  also  make  such  reports,  at  such  times  and  em- 
bracing such  matters,  to  the  State  Library  Commission 
created  by  this  Act,  as  the  said  State  Library  Commission 
shall  order  and  direct. 

The  said  District  Library  Commision  shall  also  have  Additional 
the  power  to  procure  by  purchase,  lease  or  acceptance  of  aPc 
gift  or  donation,  a  room  or  rooms  for  said  library,  and  to 
fit  and  furnish  for  the  heat  and  light  in  the  same,  and  the 
care  thereof;  and  may,  with  the  consent  of  the  Board  of 
Education  or  the  school  Committee  use  any  school  room  or 
rooms  for  this  porpose:  to  purchase  or  accept  donations 
or  gifts  of  books,  magazines,  newspapers  and  reviews  ;  to 
employ  a  librarian  or  librarians  and  a  custodian  and  care- 
taker and  shall  have  such  further  and  additional  powers 
in  the  premises  as  are  or  may  be  deemed  necessary  for  the 
foundation  and  establishment,  and  the  support  and  main- 
tenance of  a  library,  or  a  library  and  reading  room. 

The  said  Commission  shall  also  have  the  power  to 
make  such  rules  and  regulations  for  the  conduct  of  the 
persons  employed  by  it,  and  for  the  care  and  use  of  the 
books,  newspapers,  magazines  and  reviews  in  said  library 
by  the  persons  having  authority  to  use  said  library,  and 
also  concerning  the  conduct  and  deportment  of  all  persons 
while  in  or  about  said  library  or  library  and  reading  room, 
as  said  Commission  shall  or  may  from  time  to  time  deem 
proper  and  advisable;  provided,  the  use  of  said  library  or 
library  and  reading  room  or  the  contents  thereof  shall  be 


86 

free  to  said  district,  or  to  any  person  outside  the  district 
who  owns  real  estate  assessable  for  the  school  of  the  dis- 
™ifesction  °f  trict.  The  rules  and  regulations  so  made  by  said  Commis- 
sion shall  be  enforcible  by  a  penalty  which  the  Commis- 
sion is  hereby  authorized  the  same  for  a  library,  or  library 
and  reading  room,  to  provide  to  impose. 

Penalty  Such  penalty  shall  consist  either  of  a  suspension  from 

the  privleges  of  said  library  or  library  and  reading  room 
and  the  contents  thereof,  or  by  a  money  fine.  All  money 

Fines  fines  imposed  as  aforesaid  may  be  collected  by  proceedings 

instituted  in  the  corporate  name  of  the  district  before  any 
Justice  of  the  Peace  of  the  County,  and  jurisdiction  to 
hear  and  finally  determine  all  such  proceedings  is  hereby 
conferred  upon  any  and  all  justices  of  the  peace.  The 
process,  mode  of  proceeding  and  rendering  of  judgment 
shall  be  as  now  is,  or  hereafter  may  be,  provided  by  law 
for  the  collection  of  fines  before  Justices  of  the  Peace. 

Disposition  of  All  fines  so  collected  shall  be  paid  to  the  district  and 
by  it  paid  over  to  the  District  Library  Commission  to  be 
used  as  other  money  of  which  it  has  the  custody  and  care 
as  hereinbefore  provided. 

Additional  Section  14.     In  addition  to  its  other  powers,  the  Dis- 

powers  as  to       .     .     .    T  . ,  ~  .       .  , 

residents  with- trict  Library  Commission  may,  if  it  deem  proper,  permit 

out  the  district  , .     .  . , ,  , , 

persons  living  without  the  corporate  limits  of  said  dis- 
tricts, to  enjoy  and  use  said  library  or  library  and  reading 
room  exactly  as  though  residents  of  said  district  upon  the 
payment  to  said  Commission  for  the  use  of  the  library  such 
fee  or  fees  as  said  Commission  shall  deem  proper. 

consoHdat^         Section  15.     That  any  two  or  more  School  Districts 
Districts  for     may  unite  for  the  purpose  of  obtaining  the  benefit  of  this 
thfspactpos    of  Act.     Whenever  any  School  Committee  of  any  such  dis- 
tricts shall  be  petitioned  therefor  by  at  least  five  qualified 
electors  thereof,  said  Committee  shall  arrange  with  the 
School  Committee  of  any  other  of  said  districts  for  the 
HOW  effected    holding   of  a  special  election  to  determine  the  question. 
At  such  election,  any  qualified  elector  in  any  one  of  said 
Districts  shall  be  entitled  to  vote  at  said  special  election. 
If  a    majority  of  the  votes  then  cast  shall  be  in  favor  of 


87 

uniting  and  establishing  a  free  library  for  said  Districts, 
the  same  shall  be  deemed  and  taken  to  be  effected.  The 
districts  so  united  shall  be  taken  to  be  one  district  for  the 
purposes  of  this  Act,  and  shall  be  considered  as  belonging  to 
the  class  which  any  one  of  said  Districts  would  have  be- 
longed to  if  there  had  been  no  union. 

Section  16.  Whenever  the  State  Library  Commission 
shall  certify  to  the  State  Treasurer  of  the  State  of  Dela- 
ware that  any  single,  united,  consolidated  or  incorporated 
School  District  in  this  State  has  established  a  free  public 
library  therein,  and  has  raised  by  taxation,  gift,  or  other- 
wise a  sum  not  less  than  the  sum  prescribed  by  Section 
10  of  this  Act  for  the  class  to  which  such  District  belongs, 
for  the  support  and  maintenance  of  said  library  for  the 
year  then  next  ensuing,  that  then  said  State  Treasurer 
shall  pay  to  the  District  Library  Commission  of  any  such 
School  District,  a  sum  equal  to  one-half  of  the  lowest  sum 
prescribed  in  Section  10  of  this  Act  for  the  class  in  which 
such  district  belongs;  and  annually  thereafter,  the  said  State 
Treasurer  shall  pay  to  said  District  Library  Commission  a  I™  Free 
like  sum,  upon  the  certificate  of  the  State  Library  Com-  brary  District 
mission  that  said  District  has  raised  by  taxation,  gift,  or 
otherwise  a  sum  as  hereinbefore  provided  for  the  main- 
tenance and  support  of  free  public  library  therein  for  the 
year  next  ensuing. 

Section  17.     That  the  free  public  library  heretoforeFeePublic 
established  in  the  Town  of  Dover  be,  and  the  same  is  here- 
by  transferred  to  and  made  the  free  public  library  of  the 


United  School  District  known  as  "Dover  Publior  Schools"  ;  P^er  Public 
and  all  the  rights,  powers,  privileges  and  duties  prescribed  Schools" 
by  this  Act  for  free  libraries  to  be  established  under  its  pro- 
vision, shall  immediately  vest  in  the  library  so  transferrpd, 
and  in  the  said  United  School  District,  and  in  the  Board  of 
Education  thereof,   and  in  the  local    library  commission 
having  control  thereof  precisely  as  if  said  free  library  had 
been  established  in  said  united  school  districts  in  the  firstMembersof 
instance.     The  members  of  the  local  library  commission 


having  control  of  said  free  library  at  the  time  of  the  pass-  ™"*d  for 
age  of  this  Act  shall  compose  the  District  Library  Com- 


third  class 


com- 


purpose*1 


shaii  adopt 


v°o?ersofed 
District 


banoVa°ndby 


votes  shall 

determine 


Question  may 

be  again  sub- 
mitted at  next 
annual  meet- 
voters 


Form  of 


mission  after  such  transfer  during  the  respective  terms 
for  which  they  were  severally  elected. 

That  the  free  library  known  as  the  "Corbit  Library" 
provided  for  under  Chapter  CCCCXVI  of  Volume  11  of  the 
Laws  of  Delaware  be  and  the  same  is  hereby  made  a 
School  District  Library  for  the  purpose  of  receiving  all 
benefits  provided  in  Section  17  of  this  Act,  and  for  the 
purpose  of  ascertaining  what  appropriation  said  library 
shall  receive  under  said  Section  from  the  State  Treasurer, 
said  Corbit  library  shall  be  deemed  and  taken  to  be  a 
library  established  under  the  provisions  of  this  Act  in  a 
School  District  of  the  third  Class;  but  in  all  other  respects 
said  Corbit  Library  shall  remain  and  continue  as  though 
this  Act  had  not  been  passed. 

Section.  18.  That  whenever  the  District  Library 
Commission  of  any  free  public  library  now  or  hereafter 
established  under  the  provisions  of  this  Act  shall  deem 
it  proper  or  expedient  that  a  sum  or  sums  of  money  should 
be  borrowed  for  the  purpose  of  the  purchase  of  a  library 
building  or  of  a  site  for  such  building  and  for  the  erection 
of  a  building  thereon  or  for  the  improvement  or  repair  of 
any  library  building  owned  by  such  district  or  for  the  pur- 
chase of  books  for  the  use  of  any  free  public  library  as 
aforesaid,  or  for  any  or  all  of  said  purposes,  that  then  the 
said  District  Library  Commission  shall  adopt  a  resolution 
to  that  effect,  and  shall  submit  the  approval  or  rejection 
of  said  resolution  to  the  qualified  voters  of  said  District  at 
any  regular  annual  meeting  of  said  voters.  The  approval 
or  rejection  of  such  resolution  by  the  voters  of  such  dis- 
trict shall  be  by  ballot  and  a  majority  of  the  ballots  cast 
for  or  against  said  resolution  shall  determine  the  question; 
provided,  however,  that  if  the  resolution  aforesaid  shall 
be  rejected  by  the  voters  at  any  meeting  as  aforesaid,  the 
question  may  be  again  presented  to  said  voters  at  any  sub- 
sequent regular  annual  meeting  of  the  voters  of  said  Dis- 
trict. The  ballots  shall  be  written  or  printed  "For  the 
Resolution  to  Borrow  Money"  or  "Against  the  Resolution 
to  Borrow  money."  If  the  resolution  aforesaid  shall  be 
approved  by  the  voters  of  the  district  as  aforesaid,  then 


89 
the  District  Library  Commission  shall  certify  the  results    aiuertify 


of  said  election  to  the  Board  of  Education  or  School  Com-  Board  of 
mittee  of  said  district  and  thereupon  the  said  Board  or 
Committee  shall  be  deemed  to  have  the  power  and  author- 
ity and  are  hereby  required  to  issue  and  sell  a  bond  or 
bonds  for  the  amount  named  in  said  resolution.    Such  bond  Form  of 
or  bonds  shall  be  in  such  form  and  denomination,   and  nation  andmi 
shall  bear  such  date  and  be  at  such  rate  of  interest,  not  etc6  c 
exceeding  six  per  centum  per  annum,  and  shall  mature  at 
such  time  or  times  as  said  Board  of  Education  or  School 
Committee  shall    determine;    provided,   always  however,  " 


that  the  aggregate  of  any  sums  borrowed  under  the  pro-  Srtain  ciaas 
visions  of  this  Section  shall  not  exceed  the  sum  of  Ten 
Thousand  Dollars  in  a  district  of  the  first  class,   nor  the 
sum  of  Five  Thousand  Dollars  in  districts  of  the  second, 
third  or  fourth  class,  nor  the  sum  of  Twenty  five  Hundred 
Dollars  in  districts  of  any  other  class.     Any  bond  issued  g°nds. 
as  aforesaid  shall  be  signed  by  the  president  of  the  Board 
of  Education  or  the  Senior  Member  of  the  School  Com- 
mittee of  the  school   district  affected,   and  in  case  said 
district  shall  have  a  corporate  seal,  shall  be  sealed  with  the 
same,  but  if  such  district  shall  have  no  corporate  seal,  then 
the    word  seal  with  a  scroll    around  the  same    shall  be 
deemed  and  taken  to  be   the  seal  of  the  district.     Every 
such  bond  shall  also  be  attested  by  the  Secretary  of  the  FaUh  &nd 
said  Board  or  the  Clerk   of  said  School  Committee.     The  crecm  of.  ^.^ 
faith  and  credit  of  the  school  district  shall  be  deemed  t 


be  pledged  by  any  bond   issued  under  the  provisions  of 

this  Section.     The  meeting  at  which  the  approval  or  re-  Meeting  for 

f     ,  i  -i     ,  .  i  .  -,  approval  or 

jection  of  the  resolution   to  borrow  money  as  aforesaid  rejection 
shall  be  any  meeting  at  which  members  of  the  District  Kind  of 
Library  Commission  of  said  district  are  elected.     When-m 
ever  any  bond  or  bonds  shall  have  been  issued  under  the 
provisions  of  this  Section,  the  Board  of  Education  or  the 
School  Committee  of  the  district  shall  annually  raise  by 
levy  and  taxation  a  sum  sufficient  for  the  payment  of  the 
interest  on  the  amount  or  amounts  so  borrowed,  and  shall  Taxfot 
likewise  raise  from  time  to  time  by  levy  and  taxation  such  ment  °f  inter- 

i      ni  est  and 

sum  or  sums  as  shall  be  necessary  to  establish  a  sinking 
fund  for  the  payment  of  the  debt  secured  by  said  bond  or 


90 

bonds  at  or  before  the  maturity  thereof.  The  sums  author- 
ized to  be  raised  for  interest  and  a  sinking  fund  as  afore- 
HOW  raised  sajd  shall  be"  raised  in  the  same  manner  as  school  taxes  in 
said  district  are  raised,  and  shall  be  in  excess  of  any  sum 
or  sums  authorized  to  be  raised  by  said  district  by  any 
other  statute. 

Approved  March  9  A.  D.,  1901. 


91 


CHAPTER  361,  VOLUME  22. 
Part  II. 

OF  FREE  PUBLIC  LIBRARIES. 

AN  ACT  amending'  an  Act  entitled  "An  Act  providing'  for  the  establishment 
and  maintenance  of  Free  Public  Libraries,"  approved  March  9th,  A.  D. 
1901,  making  School  Districts  the  centres  for  Free  Libraries,  and  for 
other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.  That  the  Act  entitled  "An  Act  providing 
for  the  establishment  and  maintenance  of  Free  Public 
Libraries,"  approved  March,  9  A.  D.  1903,  being  Chapter 
136  of  Volume  22  of  the  Laws  of  Delaware,  be  and  the 
same  is  hereby  amended  by  striking  out  all  of  Section  2 
of  said  Act  after  the  word  "Commissioner"  in  the  seventh 
line  of  said  section,  and  inserting  in  lieu  thereof  the  fol- 
lowing, "The  Commission  is  hereby  authorized  and  em- Additional 
powered  to  expend  such  sum  or  sums  as  it  shall  deem  pro-pc 
per  and  necessary  for  effectuating  the  objects  of  this  Act, 
provided  said  sums  shall  not  in  the  aggregate  in  any  one 
year  exceed  the  sum  of  seven  hundred  dollars  exclusive  of 
the  expenses  actually  incurred  by  the  members  in  attend- 
ance on  the  Commission,  and  of  sums  expended  for  neces- 
sary printing,  postage  and  stationary.  Such  sums,  to- 
gether with  the  actual  expenses  of  the  members  incurred 
in  attending  the  Commission  and  all  bills  for  necessary 
printing,  postage  and  stationery,  shall  be  paid  by  the 
State  Treasurer  to  the  said  Commission,  upon  the  order  or 
orders  of  its  Chairman  or  President,  attested  by  its  Secre- 
tary." 

Section  2.    That  said  act  be  amended  further  by  strik-  Extension  of 
ing  out  the  word  "Town"  in  the  seventh  line  of   Section  3t*rritory 
thereof,  and  inserting  in  lieu  thereof  the  word  "District." 


92 

Section  3.  That  said  Act  be  amended  further  by 
striking  out  the  words  "Any  incorporated  city  or  town  in 
this  State, "  in  the  first  line  of  Section  4  thereof,  and  in- 
serting in  lieu  thereof,  the  following,  "Any  single,  unit- 
ed, consolidated  or  incorporated  School  District  in  this 
State." 

Section  4.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  5  thereof,  and  substituting  in 
lieu  thereof,  the  following: 

school  District         "Section  5.     Any  single,  united,  consolidated  or  incor- 

ftwfpabuc*  porated  School  District  in  this  State  is  hereby    authorized 

approvyedfby    and  empowered  to  establish   and   maintain  a   free   Public 

f  Library,  with  or  without  reading  room,  provided  that  at 

any  election  held   as   hereinafter   provided,  a  majority  of 

the  qualified  electors  of  said  School  District  then  present 

and  voting,  shall  vote  in  favor  of  such  establishment/' 

Section.  5.  That  said  Act  be  further  amended  by 
striking  out  all  of  Section  6,  and  substituting  in  lieu 
thereof  the  following: 

classification  "Section   6.     For  the   purpose   of   this   Act,   all    the 

School  Districts  in  this  State,  single,  united,  consolidated 
and  incorporated  are  classified  according  to  the  sums 
which  the  several  Boards  of  Education  or  School  Commit- 
tees are  authorized  by  law  to  levy  and  raise  by  taxation 
annually  for  current  school  expenses,  as  follows,  namely: 

Every  District  in  which  the  sum  authorized  as  afore- 
said is  six  thousand  dollars  or  more,  shall  be  deemed  and 
taken  to  be  a  District  of  the  First  class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  four 
thousand  nor  as  much  as  six  thousand  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Second  class; 
every  District  in  which  the  sum  authorized  as  aforesaid  is 
not  less  than  two  thousand,  nor  as  much  as  four  thousand 
dollars,  shall  be  deemed  and  taken  to  be  a  District  of  the 
Third  Class;  every  District  in  which  the  sum  authorized  as 
aforesaid  is  not  less  than  one  thousand,  nor  as  much  as 
two  thousand  dollars,  shall  be  deemed  and  taken  to  be  a 
District  of  the  Fourth  Class;  every  District  in  which  the 


93 

sum  authorized  as  aforesaid  is  not  less  than  five  hundred, 
or  as  much  as  one  thousand  dollars,  shall  be  deemed  and 
taken  to  be  a  District  of  the  Fifth  Class;  every  District  in 
which  the  sum  authorized  as  aforesaid  is  not  less  than  two 
hundred,  nor  as  much  as  five  hundred  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Sixth  Class; 
and  every  District  in  which  the  sum  authorized  as  afore- 
said is  less  than  two  hundred  dollars,  shall  be  deemed  and 
taken  to  be  a  District  of  the  Seventh  Class/' 

Section  6.  That  said  Act  be  further  amended  by 
striking  out  all  of  Section?  thereof  and  substituting  in  lieu 
thereof,  the  following: 

" Section  7.  Every  Board  of  Education  or  School 
Committee  in  this  State  shall  submit  the  question  as  to  rito  be 
the  establishment  of  a  free  public  library  in  said  District 
to  the  qualified  electors  thereof,  at  a  special  election  to  be 
held  on  the  day  next  following  the  ensuing  regular  school 
election  in  such  District,not  being  Sunday  or  a  legal  holiday; 
provided  said  Board  or  Committee  be  petitioned  so  to  do  Petition, 
thirty  days  at  least  before  the  next  succeeding  regular 
school  election  in  such  District,  by  a  number  of  the  quali- 
fied electors  thereof.  The  number  of  qualified  electors  who 
must  petition  as  aforesaid,  shall  be  as  follows,  namely:  in 
Districts  of  the  First  or  Second  Class,  twenty  qualified 
electors:  in  Districts  of  the  Third,  Fourth  or  Fifth  Class, 
ten  qualified  electors;  and  in  Districts  of  the  Sixth  or 
Seventh  Class,  five  qualified  electors. " 

Section  7.  That  said  Act  be  amended  further  by  strik- 
ing out  all  of  Section  8  thereof  after  the  word  "question," 
in  the  sixth  line  of  said  section  and  substituting  in  lieu 
thereof  the  following,  "All  persons  entitled  to  vote  at  the 
regular  school  election  next  before  such  special  election, 
shall  be  entitled  to  vote  on  such  question."  In  all  respects  Election. 
the  place  of  voting  and  the  conduct  of  the  election, counting  Howheld 
of  ballots  and  the  like,  shall  be  as  now  are,  or  hereafter 
may  be,  provided  by  law  for  the  regular  school  election  in 
the  School  District  wherein  such  question  is  submitted. 
Provided,  that  the  Board  of  Education  or  School  Commit- 


94 


Notice  of. 


Neglect  of 
notice. 


How  made 
effectual. 


Powers  of 
Board  of  Edu- 
cation or 
School  Com- 
mittee. 


Taxation  for 
purpose  of  act 


Classification 
of  districts. 


Amount  of  tax 
in  each  class. 


tee,  upon  being  petitioned  to  submic  the  question  of  the 
establishment  of  a  free  library  as  herein  before  provided, 
shall  give  notice  of  such  submission  by  printed  advertise- 
ments posted  in  at  least  five  public  places  in  said  District 
at  least  ten  days  before  the  election.  The  said  advertise- 
ment shall  state  the  question  to  be  submitted  as  hereinbe- 
fore provided,  and  thp  time  and  place  of  voting  upon  such 
question.  In  case  any  Board  of  Education  or  School  Com- 
mittee shall  neglect  or  refuse  to  give  such  notice,  any 
qualified  elector  may  do  so,  and  the  notice  so  given  shall 
be  as  effectual  as  though  given  by  said  Board  or  Com- 
mittee/' 

Section  8.  That  said  Act  be  amended  further  by  strik- 
ing out  the  word  "Town"  in  the  fourth  line  of  Section  9 
thereof,  and  inserting  in  lieu  thereof  the  word  "school," 
and  by  striking  out  the  words  "Town  Council"  in  the  sixth 
and  seventh  lines  of  said  Section  9,  and  inserting  in  lieu 
thereof  the  words," said  Board  of  Education  or  School  Com- 
mittee." 

Section  9.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  10  thereof  and  substituting  in 
lieu  thereof  the  following: 

"Section  10.  If  at  any  election  the  qualified  electors 
shall  in  the  manner  aforesaid,  declare  in  favor  of  the  es- 
tablishment of  a  free  public  library  in  any  District,  then 
the  Board  of  Education  or  School  Committee  thereof  shall, 
and  it  is  hereby  authorized,  empowered  and  required  to 
levy  and  raise  by  taxation  for  the  purpose  of  the  establish- 
ment of  such  library  therein,  and  also  for  the  maintenance, 
increase  and  support  of  said  library  for  the  year  then  next 
ensuing,  a  sum  determinable  by  the  class  in  which  such 
District  belongs,  that  is  to  say:  If  such  District  be  of  the 
First  Class,  the  sum  required  to  be  levied  and  raised  as 
aforesaid,  shall  be  not  less  than  two  hundred  and  fifty, 
nor  more  than  six  hundred  dollars;  if  such  District  be  of 
the  Second  Class,  the  sum  so  required  as  aforesaid  shall 
be  not  less  than  one  hundred  and  fifty,  nor  more  than  four 
hundred  dollars;  if  such  District  be  of  the  Third  Class, 
the  sum  so  required  as  aforesaid,  shall  be  not  less  than  one 


95 

hundred,  nor  mere  than  three  hundred  dollars;  if  such 
District  be  of  the  Fourth  Class  the  sum  so  required  as 
aforesaid,  shall  be  not  less  than  seventy-five  dollars,  nor 
more  than  two  hundred  dollars;  if  such  District  be  of  the 
Fifth  Class,  the  sum  so  required  as  aforesaid,  shall  be  not 
less  than  fifty,  nor  more  than  one  hundred  and  fifty  dol- 
lars; if  such  District  be  of  the  Sixth  Class,  the  sum  so 
required  as  aforesaid,  shall  be  not  less  than  forty,  nor 
more  than  one  hundred  dollars;  and  if  such  District  be  of 
the  Seventh  Class,  the  sum  so  required  as  aforesaid  shall 
not  be  less  than  twenty-five,  nor  more  than  seventy-five 
dollars. 

And  annually  thereafter,  such  Board,  of  Education 
School  Committee  shall  levy  and  raise  by  taxation  for  the 
maintenance  and  increase  of  the  library  so  established  as 
aforesaid,  a  sum  as  hereinbefore  prescribed  and  limited 
in  this  Section  for  the  establishment  of  such  library. 

All  sums  authorized  to  be  levied  and  raised  by  taxation  Taxes  coiiec- 
under  this  Act,  shall  be  levied,   raised  and  collected  as  maimed6 
school  taxes  for  current  school  expenses  are,  and  shall,  if sc 
the  said  Board  or  Committee  deem  it  necessary,  be  in  ex- 
cess of  and  in  addition  to  the  sum  or  amount  authorized  to 
be  raised  in  said  District  by  taxation  for  current  school  ex- 
penses. 

Any  District  in  which  a  library  has  been  established  Eachdistrictto 
as  aforesaid,  may  fix  any  sum  (not  less  than  the  minimum 
sum  required  to  be  raised  in  said  District  as  hereinbefore 
prescribed  in  this  Section)  to  be  levied  and  raised  in  the 
District  for  the  maintenance  and  increase  of  the  library 
therein  during  the  ensuing  year;  the  vote  to  fix  any  sum 
shall  be  by  ballot,  and  a  majority  of  the  ballots  cast  at 
such  election  shall  determine  the  question. " 

Section  10.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  11  thereof  and  substituting  in 
lieu  thereof  the  following: 

"Section  11.     Every  School  District  in  this  State  which  T  elect  school 
shall  establish  a  free  public  library  pursuant  to  the  provi- 
sions  of  this  Act,  shall  annually-thereafter,  at  an  election 


96 


SembJrs°f 


classification 

of  districts  as 

to  number  of  nine  members; 


Members  of 


held  on  the  day  next  following  the  regular  school  election 
(not  being  Sunday  or  a  legal  holiday),  elect  members  of  a 
School  District  Library  Commission. 

The  said  District  Library  Commission  shall  be  com- 
posed of  the  following  number  of  members,  namely:  If  it 
be  a  commission  in  a  District  of  the  First  or  Second  Class, 

.  .         .  . 

in  a  District  01  the  Third  or  Fourth  Class, 
five  members:  in  a  District  of  the  Fifth,  Sixth  or  Seventh 
Class,  three  members.  The  members  shall  hold  office  for 
the  term  of  three  years,  or  until  their  succcessors  are  duly 
elected  and  qualified;  provided,  that  at  the  first  election 
of  said  commisson  next  succeeding  the  establishment  of  a 
free  public  library  as  aforesaid  the  members  of  said  com- 
mission shall  be  elected  for  the  following  terms,  namely: 
For  a  District  of  the  First  or  Second  Class,  three  members 
shall  be  elected  for  one  year,  three  for  two  years,  and 
three  for  three  years,  or  until  their  successors  are  duly 
chosen  and  qualified;  for  a  District  of  the  Third  or  Fourth 
Class,  two  of  the  members  shall  be  elected  for  one  year, 
two  for  two  years,  and  one  for  three  years,  or  until  their 
successors  are  duly  chosen  and  qualified;  for  a  District  of 
the  Fifth,  Sixth  or  Seventh  Class,  one  of  the  members 
shall  be  elected  for  one  year,  one  for  two  years,  and  one 
for  three  years,  or  until  their  successors  are  duly  chosen 
and  qualified;  provided  further,  that  the  Board  of  Educa- 
tion or  School  Committee  in  any  School  District  wherein 
the  question  as  to  the  establishment  of  a  free  public  library 
has  been  submitted  and  carried  in  favor  of  such  establish- 
ment as  hereinbefore  provided,  shall,  as  soon  as  may  be 
after  the  decision  upon  such  question  has  been  ascertained, 
elect  all  of  the  members  of  such  district  library  commis- 
sion to  compose  the  first  district  library  commission  to  act 
until  their  successors  have  been  elected  by  the  qualified 
electors  of  the  district  at  the  time  hereinbefore  provided 
for  such  election. 

The  members  of  any  district  library  commission  may 
may  not  be  members  of  the  Board  of  Education  or 
School  Committee  of  the  District,  and  no  person  shall  be 
ineligible  to  serve  on  said  commission  by  reason  of  sex. 


97 

The  election  of  the  members  of  said  commission  at  any 
district  election  shall  be  by  ballot  by  the  qualified  elec- 
tors of  said  district,  and  in  all  other  respects,  except  as  to 
the  day  of  election,  shall  be  conducted  as  is  the  election  of 
members  of  the  Board  of  Education  or  School  Committee 
in  the  district." 

Section  11.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  12  thereof  and  substituting  in 
lieu  thereof  the  following: 

"Section  12.     The  first  meeting  of  the  District  Library  Firgt-meetin  B 
Commission  shall  be  on  the  evening  of  the  Tuesday  next 
succeeding  the  election  of  its  members.     The  commission 
shall  organize  by  electing  from  its  member  a  chairman  and  organization, 
secretary,  and  such  other  officers  as  it  may  deem  proper. 
The  treasurer  of  the  School  District  shall  be  the  trPasurerTreasurer 
of  said  Commission,  and  shall  be  subject  to  all  orders  of 
said  Commission  relative  to  moneys  in  his  hands  of  which 
the  said  Commission  has  custody,  as  provided  in  this  Act. 
The  official  bond  of  said  treasurer  shall  be  held  and  deemed  Bond  of. 
to  cover  and  include  all  such  moneys,  and  the  due  and 
proper  accounting  therefor.     A  vacancy  in  said  Commis- 
sion caused  by  refusal  to  act,  death,  resignation  or  other- Vl 
wise,  shall  be  filled  by  said  Commission   until  the  regular 
school  election  next  succeeding.    A  failure  to  attend  three  H< 
meetings  of  said  Commission  in  succession  shall,  at  the 
option  of  said  Commission,  be  deemed  a  vacancy." 

Section  12.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  13  and  Section  14  thereof,  and 
substituting  in  lieu  thereof  the  following  two  Sections: 

"Section  13.  The  District  Library  Commission  so 
elected  as  aforesaid  shall  have  the  entire  custody  and  mo£eyyorand 
management  of  the  library  and  all  property  owned  or  leased 
or  donated,  relating  thereto,  and  all  money  raised  by  the 
district  or  donated  for  its  establishment  and  maintenance, 
or  paid  by  the  State  Treasurer,  as  hereinafter  provided, 
shall  be  placed  in  the  care  and  custody  of  said  Commission, 
to  be  expended  or  retained  by  said  Commission  for  and  in 
behalf  of  the  district  for  the  -foundation  and  establish- 


Report. 


Additional 
powers. 


98 

ment  and  for  the  maintenance  and  increase  of  its  free 
public  library. 

The  Commission  shall  make  an  explicit  report  to  the 
district  at  each  annual  school  meeting  of  all  its  receipts 
and  expenditures,  and  of  all  the  property  of  the  district 
in  its  care  and  custody,  including  a  statement  of  any  un- 
expended balance  of  money,  and  of  any  bequests  or  dona- 
tions in  behalf  of  the  district,  and  of  any  sum  or  sums 
received  from  the  State  as  hereinafter  provided,  with  such 
recommendations  with  reference  to  same  as  is  deemed 
necessary  for  the  district  to  consider. 

The  said  Commission  shall  also  make  report  and  re- 
commendation concerning  the  amount  of  money  deemed 
necessary  and  proper  by  said  Commission  to  be  raised  by 
taxation  for  any  one  year  for  said  library,  to  the  Board  of 
Education  or  School  Committee  after  the  selection  of  said 
Commission  as  aforesaid  and  prior  to  the  fixing  of  the  rate 
of  taxation  for  said  purpose  by  said  Board  of  Education, 
or  School  Committee.  The  said  District  Library  Commis- 
sion shall  also  make  such  reports,  at  such  times  and  embrac- 
ing such  matters,  to  the  State  Library  Commission  created 
by  this  Act  as  the  said  State  Library  Commission  shall 
order  and  direct. 

The  said  District  Library  Commission  shall  also  have 
the  power  to  procure  by  purchase,  lease  or  acceptance  of 
a  gift  or  donation,  a  room  or  rooms  for  said  library,  and  to 
fit  and  furnish  the  same  for  a  library,  or  a  library  and 
reading  room,  to  provide  for  the  heat  and  light  in  the 
same,  and  the  care  thereof;  and  may,  with  the  consent  of 
the  Board  of  Education  or  the  School  Committee  use  any 
school  room  or  rooms  for  this  purose;  to  purchase  or  accept 
donations  or  gifts  of  books,  magazines,  newspapers  and  re- 
views; to  employ  a  libarian  or  librarians  and  a  custodian 
and  caretaker,  and  shall  have  such  further  and  additional 
power  in  the  premises  as  are  or  may  be  deemed  necessary 
for  the  foundation  and  establishment,  and  the  support  and 
maintenance,  of  a  library,  or  a  library  and  reading  room. 


99 

The  said  Commission  shall  also  have  the  power  to 
make  such  rules  and  regulations  for  the  conduct  of  the  per- 
sons employed  by  it,  and  for  the  care  and  use  of  the  books, 
newspapers,  magazines  and  reviews  in  said  library  by  the 
persons  having  authority  to  use  said  library,  and  also  con- 
cerning the  conduct  and  deportment  of  all  persons  while 
in  or  about  said  library  or  library  and  reading  room,  as  said 
Commission  shall  or  may  from  time  to  time  deem  proper  and 
advisable;  provided,  the  use  of  said  library  or  library  and 
reading  room  or  the  contents  thereof,  shall  be  free  to  said 
district,  or  to  any  person  outside  the  District  who  owns 
real  estate  assessable  for  the  school  of  the  District.  Thelnfraction  of 
rules  and  regulations  so  made  by  said  Commission  shall rules- 
be  enforcible  by  a  penalty  which  the  Commission  is  hereby 
authorized  to  impose. 

Such  penalty  shall  consist  either  of  a  suspension  from  penalty. 
the  privileges  of  said  library  or  library  and  reading  room 
and  the  contents  thereof,  or  by  a  money  fine.     All  money  Fines, 
fines  imposed  as  aforesaid  may  be  collected  by  proceedings 
instituted  in  the  corporate  name  of  the  district  before  any  How  collected- 
Justice  of  the  Peace  of  the  County,   and  jurisdiction  to 
hear  and  finally  determine  all  such  proceedings  is  hereby 
conferred  upon  any  and  all  justices  of  the  peace.    The  pro- 
cess, mode  of  proceeding  and  rendering  of  judgment  shall 
be  as  now  is,  or  hereafter  may  be,  provided  by  law  for  the 
collection  of  fines  before  justices  of  the  peace. 

All  fines  so  collected  shall  be  paid  to  the  district  and  Disposition  of 
by  it  paid  over  to  the  District  Library  Commission,  to  befines- 
used  as  other  money  of  which  it  has  the  custody  and  care 
as  hereinbefore  provided.** 

"Section  14.     In  addition  to  its  other  powers,  the  Dis- Additional 
trict  Library  Commission  may,  if  it  deem   proper,   permit Fe0s7deernt? ^un- 
persons living  without  the  corporate  limits  of  said  district, out  the  district 
to  enjoy  and  use  said  library  or  library  and  reading  room 
exactly  as  though  residents  of  said  district,  upon  the  pay- 
ment to  said  Commission  for  the  use  of  the  library  such 
fee  or  fees  as  said  Commission  shall  deem  proper.** 

Section  13.  That  said  Act  be  amended  further  by 
striking  out  Section  15  thereof  and  substituting  in  lieu 
thereof  the  following: 


100 

consolidation          "Section  15.     That  any  two  or  more  School  Districts 

of  two  or  more  „     ,   .     .     .  .,        ,  /»,/?,!• 

districts  for  the  may  unite  for  the  purpose  of  obtaining  the  benefit  of  this 
£ctrp0i  usAct.  Whenever  any  School  Committee  of  any  of  such  dis- 
tricts shall  be  petitioned  therefor  by  at  least  five  qualified 
electors  thereof,  said  Committee  shall  arrange  with  the 
School  Committee  of  any  other  of  said  districts  for  the 
HOW  effected,  holding  of  a  special  election  to  determine  the  question.  At 
such  election,  any  qualified  elector  in  any  one  of  said  Dis- 
tricts shall  be  entitled  to  vote  at  said  special  election.  If  a 
majority  of  the  votes  then  cast  shall  be  in  favor  of  uniting 
and  establishing  a  free  library  for  said  Districts,  the  same 
shall  be  deemed  and  taken  to  be  effected.  The  districts  so 
united  shall  be  taken  to  be  one  district  for  the  purposes  of 
this  Act,  and  shall  be  considered  as  belonging  to  the  class 
which  any  one  of  said  Districts  would  have  belonged  to  if 
there  had  been  no  union." 


Amount  of 


Free  Library 

District. 


Section  14.  That  said  Act  be  amended  further  by 
striking  out  all  of  Section  16  thereof,  and  substituting  in 
lieu  thereof  the  following: 

"SectionlG.  Whenever  the  State  Library  Commission 
shall  certify  to  the  State  Treasurer  of  the  State  of  Dela- 

.  ..  .,,  .  *    /•.«.«*>. 

ware  that  any  single,  united  or  incorporated  School  Dis- 
trict in  this  State  has  established  a  free  public  library 
therein,  and  has  raised  by  taxation,  gift  or  otherwise  a  sum 
not  less  than  the  sum  prescribed  by  Section  10  of  this  Act 
for  the  class  to  which  such  District  belongs,  for  the  sup- 
port and  maintenance  of  said  library  for  the  year  then  next 
ensuing,  that  then  said  State  Treasurer  shall  pay  to  the 
District  Library  Commission  of  any  such  School  District, 
a  sum  equal  to  one-half  of  the  lowest  sum  prescribed  in 
Section  10  of  this  Act  for  the  class  in  which  such  district 
belongs;  and  annually  thereafter,  the  said  State  Treasurer 
shalfpay  to  said  District  Library  Commission  a  like  sum, 
UDon  the  certificate  of  the  State  Library  Commission  that 
said  District  has  raised  by  taxation,  gift,  or  otherwise  a 
sum  as  hereinbefore  provided  for  the  maintenance  and 
support  of  a  free  public  library  therein  for  the  year  next 
ensuing." 


Section  15.  That  said  Act  be  amended  further  by  add- 
ing at  the  end  thereof  the  following  Section: 

''Section  17.     That  the  free  library  heretofore  estab- Free  Public 
lished  in  the  Town  of  Dover  be,  and  the  same  is  hereby  Dovertrans- 
transferred  to  and  made  the  free    public    library  of  the  tfedrschooinD'is- 
United  School  District  known  as '  Dover  Public  Schools' ;  and  SbiSf  J* 
all  the  rights,  powers,  privileges  and  duties  prescribed  bysc 
this  Act  for  free  libraries  to  be  established  under  its  pro- 
visions, shall  immediately  vest  in    the    library  so   trans- 
ferred, and  in  the  said  united  school  districts  and  in  the 
Board  of  Education  thereof,  and  in  the  local  library  com- 
mission having  control  thereof  precisely  as  if  said  free 
library  had  been  established  in  said  united  school  districts 
in  the  first  instance.     The  members  of  the  local  library 
commission  having  control  of  said  free  library  at  the  time  Members  of 
of  the  passage  of  this  Act  shall  compose  the  District  Li- 
brary  Commission  after  such  transfer  during   the   respec- 
ive  term  for  which  they  were  severally  elected." 

"That  the  free  library  known  as  the  'Corbit  Li brary'corbit  Library 
provided  for  under  Chapter  CCCCXVI  of  Volume  11  of  theSS£i£  iSb£- 
Laws  of  Delaware  be  and  the  same  is  hereby  made  a  School  cfassfth< 
District  Library  for  the  purpose  of  receiving  all  benefits 
provided  in  Section  17  of  this  Act,  and  for  the  purpose  of 
ascertaining  what  appropriation  said  Library  shall  receive 
under  said  Section  from  the  State  Treasurer,   said  Corbit 
library  shall  be  deemed  and  taken  to  be  a  library  estab- 
lished under  the  provision  of  this  Act  in  a  School  District 
of  the  Third  Class;  but  in  all  other  respects  said  Corbit 
library  shall  remain  and  continue  as  though  this  Act  had 
not  been  passed." 

Section  16.  The  Secretary  of  State  be  and  he  is  here- 
by authorized  and  required  to  publish  the  Act  to  which 
this  is  an  Amendment  as  the  same  is  hereby  amended. 

Approved  March  3,  A.  D.  1903. 


102 


CHAPTER  362. 

OF  FREE  PUBLIC  LIBRARIES. 

AN  ACT  Providing  for  the  Establishment  and  Maintenance  of  Free  Public 
Libraries. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met,  {three-fourths  of 
the  members  elected  to  each  House  concurring  therein}  : 

Section  1.     That  as  soon  as  may  be  after  the  adoption 
commission,    of  this  Act,  there  shall  be  created  and  established  a  board 
to  be  known  as  "The  State  Library  Commission  for  the 

How  composed 

State  of  Delaware.  Said  Commission  shall  be  composed 
of  nine  persons  to  be  appointed  by  the  Governor,  who  shall 
respectively  hold  office  for  the  term  of  five  years  or  until 
their  successors  are  duly  chosen;  provided,  that  in  the  first 
Terms  ofoffi  ^omm^ssi°n  created  under  this  Act,  the  Governor  shall  ap- 
ce point  three  members  for  the  term  of  one  year,  three  mem- 
bers for  the  term  of  three  years,  and  three  members  for 
the  term  of  five  years.  All  vacancies  on  said  Commission, 
whether  occurring  by  expiration  of  term  or  otherwise  shall 
be  filled  by  the  Governor.  No  person  shall  be  ineligible  by 
reason  of  sex  to  serve  on  the  Commission. 

organization  Section  2-     The  said  Commission  shall  organize  by  the 

of  commission  seiectior|  from  jtg  members  Of  a  chairman  and  such  other 

officers  as  are  or  may  be  deemed  advisable;  provided,  that 
stateLlbrarian  the  State  Librarian  shall,  by  virtue  of  his  office,  be  the 
secretary  of.  Secretary  of  said  Commission,  but  shall  have  no  vote  or 

voice  in  the  acts  and  proceedings  of  said  Commission.  No 
NO  salary  for  niember  shall  receive  any  salary  or  compenstion  for  his 
member  services  as  such  Commissioner. 

The  Commisssion  is  hereby  authorized  and  empowered 

Additional 

powers  to  expend  such  sum  or  sums  as  it  shall  deem  proper  and 
necesary  for  effectuating  the  objects  of  this  Act,  provided 
said  sums  shall  not  in  the  aggregate  in  any  one  year  ex- 
ceed the  sum  of  seven  hundred  dollars  exclusive  of  the  ex- 


103 

penses  actually  incurred  by  the  members  in  attendance  on 
the    Commission,  and    of  sums  expended    for  necessary 
printing,  postage  and  stationery.     Such    sums,   together 
with  the  actual  expenses  of  the  members  incurred  in  at- 
tending the  Commission  and  all  bills  for  necessary  print- stateTreasurer 
ings,  postage  and  stationery,  shall  be  paid  by  the   State  JJJJJ^ 
Treasurer  to  the  said  Commission,  upon  the  order  or  orders  Penses 
of  its  Chairman  or  President,  attested  by  its  Secretary. 

Section  3.  The  said  Commission  shall  have  general  duties  of 
supervision  over  all  libraries  in  this  State  established  or 
maintained  under  the  provisions  of  this  Act;  and  shall 
have  the  supervision  and  control  of  all  circulating  libraries 
now,  or  hereafter  to  be,  established  under  the  provisions 
of  Chapter  220,  of  Volume  21,  of  the  Laws  of  Delaware; 
shall  have  power  to  require  of  any  and  all  District  Library 
Commissions  created  as  hereinafter  provided  such  reports 
as  are  or  may  be  deemed  proper ;  shall  make  certificate  to  the 
State  Treasurer  when  any  library  is  entitled  to  State  aid, 
as  is  hereinafter  provided;  and  shall  have  all  further  and 
other  powers  necessary  and  proper  for  the  general  super- 
vision of  the  libraries  aforesaid.  The  said  State  Library 
Commission  shall  have  power  to  make  all  rules  and  by-laws 
for  its  own  government.  The  said  Commission  shall,  in 
the  month  of  January  in  each  year  in  which  there  is  a  reg- 
ular biennial  session  of  the  General  Assembly  of  this  State,  Makebi-enniai 
make  report  to  said  General  Assembly  of  its  doings  and  of report" 
any  recommendations  deemed  advisable. 

Section  4.     Any  single,  united,   consolidated  or  incor- 

.,     School  District 

porated  School  District  in  this  State  may  receive  in   its  may  receive  be 

111-1  -i        •  i  i  qaests,  &c. 

corporate  capacity  and  hold  any  devise,  bequest  or  dona- 
tion for  the  foundation  and  establishment  or  for  the  main- 
tenance, support  and  increase  of  a  free  public  library  with- 
in same. 

Section  5.     Any  single,  united,  consolidated  or  incor-?choolDistrIct 
porated  School  District  in  this  State  is  hereby  authorized Jj^JjJgg » 
and  empowered  to  establish  and  maintain  a  free  Public^ib™rvyejfby 
Library,  with  or  without  reading  room,   provided  that  at voters thefeof 
any  election  held  as  hereinafter  provided,  a  majority  of 


104 

the  qualified  electors  of  said  School  District  then  present 
and  voting,  shall  vote  in  favor  of  such  establishment. 

classification  Section  6.  For  the  purpose  of  this  Act,  all  the  School 
of  Districts  Districts  in  this  State,  single,  united,  consolidated  and  in- 
corporated, are  classified  according  to  the  sums  which 
the  several  Boards  of  Education  or  School  Committees  are 
authorized  by  law  to  levy  and  raise  by  taxation  annually 
for  current  school  expenses,  as  follows,  namely: 

Every  District  in  which  the  sum  authorized  as  aforesaid 
is  six  thousand  dollars  or  more,  shall  be  deemed  and  taken 
to  be  a  District  of  the  First  Class;  every  District  in  which 
the  sum  authorized  as  aforesaid  is  not  less  than  four 
thousand  nor  as  much  as  six  thousand  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Second  Class; 
every  District  in  which  the  sum  authorized  as  aforesaid  is 
not  less  than  two  thousand  nor  as  much  as  four  thousand 
dollars  shall  be  deemed  and  taken  to  be  a  District  of  the 
Third  Class;  every  District  in  which  the  sum  authorized 
as  aforesaid  is  not  less  than  one  thousand  nor  as  much  as 
two  thousand  dollars,  shall  be  deemed  and  taken  to  be  a 
District  of  the  Fourth  Class;  every  District  in  which  the 
sum  authorized  as  aforesaid  is  not  less  than  five  hundred, 
nor  as  much  as  one  thousand  dollars,  shall  be  deemed  and 
taken  to  be  a  District,  of  the  Fifth  Class;  every  District 
in  which  the  sum  authorized  as  aforesaid  is  not  less  than 
two  hundred,  nor  as  much  as  five  hundred  dollars,  shall  be 
deemed  and  taken  to  be  a  District  of  the  Sixth  Class;  and 
every  District  in  which  the  sum  authorized  as  aforesaid  is 
less  than  two  hundred  dollars  shall  be  deemed  and  taken 
to  be  a  District  of  the  Seventh  Class. 

Question  of  es-        Section  7.     Every  Board  of  Education  or  School  Com- 
t$*p$Sta*   mit.tee  in  this  State  shall  submit  the  question  as  to  the  es- 
sLui£mamedtotobetablishment  of  a  free  public  library  in  said  District  to  the 
&^if?Uleo* Qualified  electors  thereof,  at  a  special  election  to  be  held  on 
district.          the  day  next  following  the  ensuing  regular  school  election 
in  such  District,  not  being  Sunday  or  a  legal  holiday;  pro- 
Petition,         vided  said  Board   or   Committee   be    petitioned    so   to  do 
thirty  days  at  least  before  the  next  succeeding  regular 
school  election  in  such  District,  by  a  number  of  the  quali- 


105 

fied  electors  thereof.  The  number  of  qualified  electors  who  Number  01 
must  petition  as  aforesaid,  shall  be  as  follows,  namely:    inp€ 
districts  of  the  First  or   Second  Class,   twenty  qualified 
electors;  in  Districts  of  the  Third,  Fourth  or  Fifth  Class, 
ten  qualified  electors;  and  in  Districts    of  the  Sixth  or 
Seventh  Class,  five  qualified  electors. 

Section  8.     The  vote  on  the  question  as  to  the  estab 
lishment  of  a  free  public  library,  when  submitted  as  afore- ballot 
said,  shall  be  by  ballot,   upon  which  shall  be  printed  or  Form  of  ques- 
written  either  the  words  "for  a  free  library,  "or  the  words  onn 
"againt  a  free  library/'    A  majority  of  the  ballots  cast  le- 
gally at  said  election  shall  determine  the  question.  All  per-  ?fUvote?s.tion 
sons  entitled  to  vote  at  the  regular  school  election  next  be-Eiecuon. 
fore  such  special  election  shall  be  entitled  to  vote  on  such 
question.     In  all  respects  the  place  of  voting,  and  the  con-Howheld- 
duct  of  the  election,  counting  of  ballots,  and  the  like,  shall 
be  as  nowr  are,  or  hereinafter  may  be,  provided  by  law  for 
the  regular  school  election  in  the  School  District  wrherein 
such  question  is  submitted.     Provided,  that  the  Board  of 
Education  or  School  Committee,  upon  being  petitioned  to 
submit  the  question  of  the  establishment  of  a  free  library 
as  hereinbefore  provided,  shall  give  notice  of  such  submis-Noticeof- 
sion  by  printed  advertisements  posted  in  at  least  five  pub- 
lic places  in  said  District  at  least  ten  days  before  the  elec- 
tion.    The  said  advertisements  shall  state  the  question  to 
be  submitted  as  hereinbefore  provided,  and  the  time  and 
place  of  voting  upon  such  question.     In  case  any  Board  of  Neg]ectof 
Education  or  School  Committee  shall  neglect  or  refuse  touotice- 
give  such  notice,  any  qualified  elector  may  do  so,  and  the  no- 
tice  so  given  shall  be  as  effectual  as  though  given  by  said 
Board  or  Committee. 

Section  9.  If  a  majority  of  the  ballots  cast  as  afore- 

.  .  ,  ,  subsequent 

said  shall  be  against  the  establishment  of  a  free  library,  elections. 
the  question  as  to  such  establishment  may  again  be  sub- 
mitted at  special  elections  to  be  held  on  the  day  next  fol- 
lowing any  regular  school  election  thereafter  ensuing  (not 
being  Sunday  or  a  legal  holiday)  as  often  as  petitions  there- 
for shall  be  presented  to  the  said  Board  of  Education  or 
School  Committee  as  hereinbefore  provided. 


106 


powers  ot 
cation  or  E  u 
mftte°e1.  C< 


classification 


Section  10.  If  at  any  election  the  qualified  electors 
shall  in  the  manner  aforesaid,  declare  in  favor  of  the  es- 
tablishment  of  a  free  public  library  in  any  District,  then 
the  Board  of  Education  or  School  Committee  thereof  shall, 
and  it  is  hereby  authorized,  empowered  and  required  to  levy 
Taxation  for  and  raise  by  taxation  for  the  purpose  of  the  establishment 
Bt  of  such  library  therein,  and  also  for  the  maintenance,  in- 
crease and  support  of  said  Library  for  the  year  then  next 
ensuing,  a  sum  determinable  by  the  class  in  which  such 
District  belongs,  that  is  to  say:  If  such  District  be  of  the 
First  Class,  the  sum  required  to  be  levied  and  raised  as 
aforesaid  shall  be  not  less  than  two  hundred  and  fifty,  nor 
more  than  six  hundred  dollars;  if  such  District  be  of  the 
i  Second  Class,  the  sum  so  required  as  aforesaid  shall  be  not 
less  than  one  hundred  and  fifty,  nor  more  than  four  hun- 
dred dollars;  if  such  District  be  of  the  Third  Class  the 
sum  so  required  as  aforesaid  shall  be  not  less  than  one 
hundred,  nor  more  than  three  hundred  dollars;  if  such 
District  be  of  the  Fourth  Class,  the  sum  so  required  as 
aforesaid  shall  be  not  less  than  seventy-five  dollars,  nor 
more  than  two  hundred  dollars;  if  such  District  be  of  the 
Fifth  Class,  the  sum  so  required  as  aforesaid  shall  be  not 
less  than  fifty,  nor  more  than  one  hundred  and  fifty  dollars; 
if  such  District  be  of  the  Sixth  Class,  the  sum  so  required 
as  aforesaid  shall  be  of  not  less  than  forty  nor  more  than 
one  hundred  dollars;  and  if  such  District  be  of  the  Seventh 
Class,  the  sum  so  required  as  aforesaid  shall  be  not  less 
than  twenty-five,  nor  more  than  seventy-five  dollars. 


And  annually  thereafter,  such  Board  of  Education  or 
School  Committee  shall  levy  and  raise  by  taxation  for  the 
maintenance  and  increase  of  the  library  so  established  as 
aforesaid,  a  sum  as  hereinbefore  prescribed  and  limited  in 
this  section  for  the  establisment  of  such  library. 


Taxes  collected         All  sums  authorized  to  be  levied  and  raised  by  taxa- 

nersa?schoo""  tion  under  this  Act,  shall  be  levied,  raised  and  collected  as 

school  taxes  for  current   school  expenses  are,  and  shall,  if 

the  said  Board  or  Committee  deem  it  necessary,  be  in  ex- 

cess of  and  in  addition  to  the  sum  or  amount  authorized  to 


107 

be  raised  in  said  District  by  taxation  for  current  school 
expenses. 

Any  District  in  which  a  library  has  been  established  Each  district  to 
as  aforesaid,  may  fix  any  sum  (not  less  than  the  minimum 
sum  required  to  be  raised  in  said  District  as  hereinbefore 
prescribed  in  this  section)  to  be  levied  and  raised  in  the  mumhan  mini" 
District  for  the  maintenance  and  increase  of  the  library 
therein  during  the  ensuing  year;  the  vote  to  fix  any  sum 
shall  be  by  ballot,  and  a  majority  of  the  ballots  cast  at 
such  election  shall  determine  the  question. 

Section  11.  Every  School  District  in  this  State  wnicnToelect8chool 
shall  establish  a  free  public  library  pursuant  to  the  Provi- 
sions  of  this  Act,  shall  annually  thereafter,  at  an  election 
held  on  the  day  next  following  the  regular  school  election 
(not  being  Sunday  or  a  legal  holiday)  elect  members  of  a 
School  District  Library  Commisison. 

The  said  District  Library  Commission  shall  be  com-Numberof 
posed  of  the  following  number  of  members,  namely:  if  itmembers- 
be  a  commission  in  a  District  of  the  First  or  Second  Class,  Classification 
nine  members;  in  a  District  of  the  Third  or  Fourth  Class,  of  districts  as 

to  number  of 

five  members;  in  a  District  of  the  Fifth,  Sixth  or  Seventh 
Class, three  members.  The  members  shall  hold  office  for 
the  term  of  three  years,  or  until  their  successors  are  duly 
elected  and  qualified;  provided  that  at  the  first  election  of 
said  commission  next  succeeding  the  establishment  of  a 
free  public  library  as  aforesaid  the  members  of  said  com- 
mission shall  be  elected  for  the  following  terms,  namely: 
for  a  District  of  the  First  or  Second  Class,  three  members 
shall  be  elected  for  one  year,  three  for  two  years,  and 
three  for  three  years,  or  until  their  successors  are  duly 
chosen  and  qualified;  for  a  District  of  the  Third  or  Fourth 
Class,  two  of  the  members  shall  be  elected  for  one  year, 
two  for  two  years,  and  one  for  three  years,  or  until  their 
successors  are  duly  chosen  and  qualified;  for  a  District  of 
the  Fifth,  Sixth  or  Seventh  class,  one  of  the  members 
shall  be  elected  for  one  year,  one  for  two  years,  and  one 
for  three  years,  or  until  their  successors  are  duly  chosen 
and  qualified;  provided  further,  that  the  Board  of  Educa- 
tion or  School  Committee,  in  any  School  District  wherein 


108 

the  question  as  to  the  establishment  of  a  free  public  library 
has  been  submitted  and  carried  in  favor  of  such  establish- 
ment as  hereinbefore  provided,  shall,  as  soon  as  may  be 
after  the  decision  upon  such  question  has  been  ascer- 
tained, elect  all  of  the  members  of  such  district  library 
commission  to  compose  the  first  district  library  commis- 
sion to  act  until  their  successors  have  been  elected  by  the 
qualified  electors  of  the  district  at  the  time  hereinbefore 
provided  for  such  election. 


s^hooiecom-  ^ne  members  of  any  district  library  commission   may 

y  be  or  may  not  ^e    mem^ers  °f  tne  Board  of  Education  or 


commission  School  Committee  of  the  District  and  no  person  shall  be 
ineligible  to  serve  on  said  commission  by  reason  of  sex. 
The  election  of  the  members  of  said  commission  at  any 
district  election  shall  be  by  ballot  by  the  qualified  elec- 
tors of  said  district,  and,  in  all  other  respects  except  as  to 
the  day  of  election  shall  be  conducted  as  is  the  election  of 
members  of  the  Board  of  Education  or  School  Committee 
in  the  District. 

First  meetin  Section  12.  The  first  meeting  of  the  District  Library 

Commission  shall  be  on  the  evening  of  Tuesday  next  suc- 

or  anization  cee(^n£  the  election  of  its  members.  The  Commission 
shall  organize  by  electing  from  its  members  a  chairman 
and  secretary,  and  such  other  officers  as  it  may  deem  pro- 
per. The  treasurer  of  the  School  District  shall  be  the 
treasurer  of  said  Commission,  and  shall  be  subject  to  all 
orders  of  said  Commission  relative  to  moneys  in  his  hands 
of  which  the  said  Commission  has  custody,  as  provided  in 

Bond  or.  this  Act.  The  official  bond  of  said  Treasurer  shall  be  held 
and  deemed  to  cover  and  include  all  such  moneys,  and  the 

vacancy.  due  and  proper  accounting  therefor.  A  vacancy  in  said 
Commission  caused  by  refusal  to  act,  death,  resignation  or 

HOW  mied.  otherwise,  shall  be  filled  by  said  Commission  until  the 
regular  school  election  next  succeeding.  A  failure  to  at- 
tend three  meetings  of  said  Commission  in  succession 
shall,  at  the  option  of  said  Commission,  be  deemed  a 
vacancy. 


109 

Section  13.     The    District    Library    Commission    so  Library  land, 
elected  as  aforesaid  shall  have  the  entire  custody    andpopl?t?rtotbe 
management  of  the  library  and  all    property    owned  ormmtot 


leased,  or  donated,  relating  thereto,  and  all  money  raised  ry 
by  the  district  or  donated  for  its  establishment  and  main- 
tenance, or  paid  by  the  State  Treasurer,  as  hereinafter 
provided,  shall  be  placed  in  the  care  and  custody  of  said 
Commission  to  be  expended  or  retained  by  said  Commis- 
sion for  and  in  behalf  of  the  district  for  the  foundation 
and  establishment  and  for  the  maintenance  and  increase  of 
its  free  public  library. 

The  Commission  shall  make  an  explicit  report  to  theReport> 
district  at  each  annual  school  meeting  of  all  its  receipts 
and  expenditures,  and  of  all  the  property  of  the  district 
in  its  care  and  custody,  including  a  statement  of  any  un- 
expended balance  of  money,  and  of  any  bequests  or  dona- 
tions in  behalf  of  the  district,  and  of  any  sum  or  sums  re- 
ceived from  the  State  as  hereinafter  provided  with  such 
recommendations  with  reference  to  same  as  is  deemed 
necessary  for  the  district  to  consider. 

The  said  Commission  shall  also  make  report  and  re- 
commendation concerning  the  amount  of  money  deemed 
necessary  and  proper  by  said  Commission  to  be  raised  by 
taxation  for  any  one  year  for  said  Library,  to  the  Board  of 
Education  or  School  Committee  after  the  selection  of  said 
Commission  as  aforeasid  and  prior  to  the  fixing  of  the  rate 
of  taxation  for  said  purpose  by  said  Board  of  Education, 
or  School  Committee.  The  said  District  Library  Commis- 
sion shall  also  make  such  reports,  at  such  times  and  em- 
bracing such  matters,  to  the  State  Library  Commission 
created  by  this  Act  as  the  said  State  Library  Commission 
shall  order  and  direct. 

The  said  District  Library  Commission  shall  also  have  Additiona, 
the  power  to  procure  by  purchase,  lease  or  acceptance  of  a  Powers- 
gift  or  donation,  a  room  or  rooms  for  said  library,  and  to 
fit  and  furnish  for  the  heat  and  light  in  the  same,  and  the 
care  thereof;  and  may,  with  the  consent  of  the  Board  of 
Education  or  the  School  Committee  use  any   School  room 
or  rooms  for  this  purpose;  to  purchase  or  accept  donations 


110 


or  gifts  of  books,  magazines,  newspapers  and  reviews;  to 
employ  a  librarian  or  librarians  and  a  custodian  and  care- 
taker, and  shall  have  such  further  and  additional  powers 
in  the  premises  as  are  or  may  be  deemed  necessary  for  the 
foundation  and  establishment,  and  the  support  and  main- 
tenance of  a  library  or  a  library  and  reading  room. 

The  said  Commission  shall  also  have  the  power  to 
make  such  rules  and  regulations  for  the  conduct  of  the 
persons  employed  by  it,  and  for  the  care  and  use  of  the 
books,  newspapers,  magazines  and  reviews  in  said  li- 
brary by  the  persons  having  authority  to  use  said  library, 
and  also  concerning  the  conduct  and  deportment  of  all 
persons  while  in  or  about  said  library  or  library  and  read- 
ing room,  as  said  Commission  shall  or  may  from  time  to 
time  deem  proper  and  advisable;  provided,  the  use  of 
said  library  or  library  and  reading  room  or  the  contents 
thereof  shall  be  free  to  said  district,  or  to  any  person  out- 
side the  district  who  owns  real  estate  assessable  for  the 
school  of  the  district.  The  rules  and  regulations  so  made 
by  said  Commission  shall  be  enforcible  by  a  penalty  which 
the  Commission  is  hereby  authorized  the  same  for  a  library 
or  a  library  and  reading  room,  to  provide  to  impose. 

Such  penalty  shall  consist  either  of  a  suspension  from 
the  privileges  of  said  library  or  library  and  reading  room 
and  the  contents  thereof,  or  of  a  money  fine.  All  money 
fines  imposed  as  aforesaid  may  be  collected  by  proceedings 
HOW  collected  instituted  in  the  corporate  name  of  the  district  before  any 
Justice  of  the  Peace  of  the  County,  and  jurisdiction  to 
hear  and  finally  determine  all  such  proceedings  is  hereby 
conferred  upon  any  and  all  justices  of  the  peace.  The 
process,  mode  of  proceeding  and  rendering  of  judgment 
shall  be  as  now  is,  or  hereafter  maybe,  provided  by  law  for 
the  collection  of  fines  before  Justices  of  the  Peace. 

All  fines  so   collected  shall  be    paid   to   the   district 
)f  and  by  it  paid   over   to   the  District  Library  Commission 
to  be  used  as  other  money  of  which  it  has  the  custody  and 
care  as  hereinefore  provided. 


Infraction  of 
rules 


Penalty 


Fines 


Ill 

Section  14.    In  addition  to  its  other  powers,  the  District  Additionai 
Library  Commission  may,  if  it  deem  proper,  permit  per-  ?es7dente> with- 
sons  living  without  the  corporate  limits  of   said  district,  outthe  district 
to  enjoy  and  use  said  library  or  library  and  reading  room 
exactly  as  though  residents  of  said  district,  upon  the  pay- 
ment to  said  Commission  for  the  use  of  the  library  such 
fee  or  fees  as  said  Commission  shall  deem  proper. 

Section  15.     That  any  two  or  more  School  Districts  consolidation 
may  unite  for  the  purpose  of  obtaining  the  benefit  of  thismsS^fS0'6 
Act.    Whenever  any  School  Committee  of  any  such  districts  !hfspaUctposes  of 
shall  be  petitioned  therefor  by  at  least  five  qualified  electors 
thereof,  said  Committee  shall  arrange  with  the  School  Com- 
mittee of  any  other  of  said  districts  for  the  holding  of  a 
special  election  to  determine  the  question.     At  such  elec-  How  effected 
tion,  any  qualified  elector  in  any  one  of  said  Districts  shall 
be  entitled  to  vote  at  said  special  election.     If  a  majority 
of  the  votes  then  cast  shall  be  in  favor  of  uniting  and 
establishing  a  free  library  for  said  Districts,   the  same 
shall  be  deemed  and  taken  to  be  effected.    The  districts  so 
united  shall  be  taken  to  be  one  district  for  the  purposes  of 
this  Act,  and  shall  be  considered  as  belonging  to  the  class 
which  any  one  of  said  Districts  would  have  belonged  to  if 
there  had  been  no  union. 

Section  16.  Whenever  the  State  Library  Commission  Amountof 
shall  certify  to  the  State  Treasurer  of  the  State  of  Dela- 
ware  that  any  single,  united,  consolidated  or  incorporated 
School  District  in  this  State  has  established  a  free  public 
library  therein,  and  has  raised  by  taxation,  gift,  or  other- 
wise a  sum  not  less  than  the  sum  prescribed  by  Section  10 
of  this  Act  for  the  class  to  which  such  District  belongs,  for 
the  support  and  maintenance  of  said  library  for  the  year 
then  next  ensuing,  that  then  said  State  Treasurer  shall 
pay  to  the  District  Library  Commission  of  any  such  School 
District,  a  sum  equal  to  one-half  of  the  lowest  sum  pre- 
scribed in  Section  10  of  this  Act  for  the  class  in  which 
such  district  belongs;  and  annually  thereafter,  the  said 
State  Treasurer  shall  pay  to  said  District  Library  Commis- 
sion a  like  sum,  upon  the  certificate  of  the  State  Library 
Commimssion  that  said  District  has  raised  by  taxation, 


112 

gift,  or  otherwise  a  sum  as  hereinbefore  provided  for  the 
maintenance  and  support  of  a  free  public  library  therein 
for  the  year  next  ensuing. 

Free  Public  Section  17.     That  the  free  public  library  heretofore 

established  in  the  Town  of  Dover  be  and  the  same  is  here- 
by  transferred  to  and  made  the  free  public  library  of  the 
»Do'er public  United  School  District  known  as  "Dover  Public  Schools"; 
and  all  the  rights,  powers,  privileges  and  duties  prescribed 
by  this  Act  for  free  libraries  to  be  established  under  its  pro- 
visions,  shall  immediately  vest  in  the  library  so  trans- 
ferred, and  in  the  said  United  School  District,  and  in  the 
Board  of  Education  thereof,  and  in  the  local  library  com- 
mission having  control  thereof  precisely  as  if  said  free  li- 
brary had  been  established  in  said  united  school  districts 
Members  of     in  the  first  instance.     The  members  of  the  local  library 
mfiSJStoS  commission  having  control  of  said  free  library  at  the  time 
tce°rminoufedfor  of  the  passage  of  this  Act  shall  compose  the  District  Li- 
brary Commission  after  such  transfer  during  the  respec- 
tive terms  for  which  they  were  severally  elected. 

corbit  Library  That  the  free  library  known  as  the  "Corbit  Library" 
SfiScfS?1001  provided  for  under  Chapter  CCCCXVI  of  Volume  11  of  the 
thrfrdyc0iUse  Laws  of  Delaware  be  and  the  same  is  hereby  made  a 
School  District  Library  for  the  purpose  of  receiving  all 
benefits  provided  in  Section  17  of  this  Act,  and  for  the 
purpose  of  ascertaining  what  appropriation  said  Library 
shall  receive  under  said  Section  from  the  State  Treasurer, 
said  Corbit  Library  shall  be  deemed  and  taken  to  be  a  li- 
brary established  [under  the  provision  of  this  Act  in  a 
School  District  of  the  Third  Class;  but  in  all  other  respects 
said  Corbit  Library  shall  remain  and  continue  as  though 
this  Act  had  not  been  passed. 

Approved  March  9,  A.  D.  1901. 

Amended  and  Approved  March  31,  A.  D.  1903. 


113 


CHAPTER  114,  VOLUME  23,  PART  1. 

OF  FREE  PUBLIC  LIBRARIES. 

AN  ACT  to  amend  Chapter  362,  Volume  22,  Laws  of  Delaware,  being  an 
Act  entitled  "An  Act  providing  for  the  establishment  and  maintenance  of 
Free  Public  Libraries"  making  United  School  Districts  Nos.  67,  96,  106 
and  107,  in  Sussex  County,  a  District  of  the  first-class,  prescribing  the 
mode  of  calling  and  fixing  the  time  for  holding  the  Election  at  which  the 
question  of  the  establishment  of  a  Free  Public  Library  in  said  District 
shall  be  submitted  to  the  qualified  electors  of  said  District. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.     That   Chapter  362,   Volume   22,  Laws   of  section  6  of 
Delaware,  being  an  Act  entitled  "An  Act  Providing  f or vofume If ' 
the  Establishment  and  Maintenance  of  Free  Public  Li- ai 
braries"  approved  March  9,  A.  D.  1901,  and  amended  and 
approved  March  31,  A.  D.  1903,  be  and  the  same  is  hereby 
amended  by  adding  at   the  end  of  Section  6  thereof  the 
following  paragraph,   viz:  "Provided,   however,   that  the 
provisions  of  paragraphs  one  and  two  of  this  Section  shall 
not  govern  or  determine  of  which  class  United  School  Dis- 
tricts Nos.  67,  96,  106  and  107  in  Sussex  County  is;    and 
said  United  School  Districts  Nos.  67,  96,  106  and  107  in 
Sussex  County  be  and  the  same  is  hereby  expressly  de- district  of 
clared  to  be  a  District  of  the  First  Class;  and  all  the  pro-fir 
visions  of  this  Act  relating  to  a  District  of  the  First  Class 
are  hereby  expressly  declared  to  be  applicable  to  United 
School  Districts  Nos.  67,  96,  106  and  107  in  Sussex  County. " 

Section  2.     That  said  Chapter  362,  Volume  22,  Laws  of  Section7 
Delaware,  be  and  the  same  is  further  amended  by  add  ing  ^^362, 
at  the  end  of  Section  7  thereof  the  following:  amended. ' 

"Provided,  however,  that  in  United  School  Districts  Defining  con- 
Nos.  67,  96,  106  and  107  in  Sussex  County  the  method  of  *$%£&*  to: 
petitioning  for  and  the  time  of  holding  such  election  shallcSc^NSs001 
be  as  follows:    The  Board  of  Commissioners  of  the  PublicS796'106and 
Schools  of  Georgetown,   Sussex  County"  of  said  District 
shall,  when  petitioned  so  to  do  by  at  least  twenty  qualified 


114 

electors  in  said  District,  submit  the  question  as  to  the  es- 
tablishment of  a  Free  public  library  in  said  District  to  the 
qualified  electors  therof,  at  a  special  election  to  be  held  on 
the  fifth  Monday  next  succeeding  the  date  of  the  presen- 
tation of  said  petition  to  the  said  "The  Board  of  Commis- 
sioners of  the  Public  Schools  of  Georgetown,  Sussex 
County. " 

Approved  March  21,  A.  D.  1905. 


115 


CHAPTER  106,    VOLUME  25,  PART  1. 

OF  FREE  PUBLIC  LIBRARIES. 

AN  ACT  to  amend  an  Act  entitled  "An  Act  providing  for  the  establishment 
and  maintenance  of  Free  Public  Libraries,"  approved  March  9,  A.  D. 
1901,  being  Chapter  136  of  Vol.  22  of  the  Laws  of  Delaware,  as  amended 
by  Chapter  361  of  the  said  Vol.  22  of  the  Laws  of  Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  1.  That  the  Act  entitled  "  An  Act  Providing 
for  the  Establishment  and  Maintenance  of  Free  Public  Li- 
braries"  approved  March  9,  A.  D.  1901,  being  Chapter  136 
of  Vol.  22,  of  the  Laws  of  Delaware,  as  amended  by 
Chapter  361  of  the  said  Vol.  22  of  the  Laws  of  Delaware, 
be  amended  as  follows: 

First:  By  striking  out  the  words*  'be  not  less  than  two 
hundred  and  fifty,  nor  more  than  six  hundred  dollars"  ap- 
pearing in  the  eleventh  and  twelfth  lines  of  Section  10  of 
the  act  aforesaid,  as  amended  as  aforesaid,  as  said  act 
so  amended  is  printed  in  Chapter  362  of  Vol.  22  of  the 
Laws  of  Delaware  aforesaid,  and  by  inserting  in  lieu  of  mo-eased 
the  words  so  stricken  out  the  following  words:  "be  not 
less  than  five  hundred  nor  more  than  one  thousand 
dollars." 

"Section  18.  That  whenever  the  District  Library 
Commission  as  amended  as  aforesaid,  after  Section  17 
thereof,  as  follows: 

Second  :    That  a  new  section  be  added  to  the  act  afore-  Dlgtrlct 
said,  of  any   free  public  library  now  or  hereafter  estab- 


lised  under  the  provision  of  this  Act  shall  deem  it  proper 
or  expedient  that  a  sum  or  sums  of  money  should  be  bor- 
rowed for  the  purpose  of  the  purchase  of  a  library  building  For  what 
or  of  a  site  for  such  building  and  for  the  erection  of  apu 
building  theron,  or  for  the  improvement  or  repair  of  any 
library  building  owned  by  such'  district,   or  for  the  pur- 


116 


Shall  adopt 
resolution 
and  submit 
it  to  qualified 
voters  of 
District 


Shall  vote  by 
ballot  and 
majority  of 
votes  shall 
determine 
question 


May  be  again 
submitted  at 
next  annual 
meeting  of 
voters 


Form  of 
ballot 


Shall  certify 
result  to  Board 
of  Education 


Form  of  bond 
denomination 
and  rate  of 
interest 
Etc. 


Amount  bor- 
rowed shall 
not  exceed 
a  certain 
amount  in  dis- 
tricts of  certain 
class 


Bond 

How  signed. 


chase  of  books  for  the  use  of  any  free  public  library  as 
aforesaid,  for  any  or  all  of  said  purposes,  that  then  the  said 
District  Library  Commission  shall  adopt  a  resolution  to 
that  effect,  and  shall  submit  the  approval  or  rejection  of 
said  resolution  to  the  qualified  voters  of  said  District  at 
any  regular  annual  meeting  of  said  voters.  The  approval 
or  rejection  of  such  resolution  by  the  voters  of  such  Dis- 
trict shall  be  by  ballot  and  a  majority  of  the  ballots  cast 
for  or  against  said  resolution  shall  determine  the  question; 
provided,  however,  that  if  the  resolution  aforesaid  shall 
be  rejected  by  the  voters  at  any  meeting  as  aforesaid,  the 
question  may  be  again  presented  to  said  voters  at  any 
subsequent  regular  annual  meeting  of  the  voters  of  said 
district.  The  ballots  shall  be  written  or  printed  ''For  the 
Resolution  to  Borrow  Money"  or  "Against  the  Resolution 
to  Borrow  Money/7  If  the  resolution  aforesaid  shall 
be  approved  by  the  voters  of  the  district  as  aforesaid, 
then  the  District  Library  Commission  shall  certify  the 
results  of  said  election  to  the  Board  of  Education  or  School 
Committee  of  said  district  and  thereupon  the  said  Board 
or  Committee  shall  be  deemed  to  have  the  power  and 
authority  and  are  hereby  required  to  issue  and  sell  a  bond 
or  bonds  for  the  amount  named  in  said  resolution.  Such 
bond  or  bonds  shall  be  in  such  form  and  denomination, 
and  shall  bear  such  date  and  be  at  such  rate  of  interest, 
not  exceeding  six  per  centum  per  annum,  and  shall  mature 
at  such  time  or  times,  as  said  Board  of  Education  or 
School  Committee  shall  determine;  provided,  always  how- 
ever, that  the  aggregate  of  any  sums  borrowed  under  the 
provisions  of  this  Section  shall  not  exceed  the  sum  of  Ten 
Thousand  Dollars  in  a  district  of  the  first  class,  nor  the 
sum  of  Five  Thousand  Dollars  in  districts  of  the  second, 
third,  or  fourth  class,  nor  the  sum  of  Twenty-five  Hundred 
Dollars  in  districts  of  any  other  class.  Any  bond  issued 
as  aforesaid  shall  be  signed  by  the  President  of  the  Board 
of  Education  or  the  Senior  Member  of  the  School  Commit- 
tee of  the  school  district  affected,  and  in  case  said  district 
shall  have  a  corporate  seal,  shall  be  sealed  with  the  same, 
but  if  such  district  shall  have  no  corporate  seal,  then  the 
word  seal  with  a  scroll  around  the  same  shall  be  deemed 


117 

and  taken  to  be  the  seal  of  the  district.     Every  bond 

also  be  attested  by  the  Secretary  of  said  Board  or  the 

Clerk  of  said  School  Committee.  The  faith  and  credit  of  the 

school  district  shall  be  deemed  to  be  pledged  by  any  bond 

issued  under  the  provisions  of  this  Section.     The  meeting  Meeting^or 

at  which  the  approval  or  rejection  of  the  resolution  to  rejection 

borrow  money  as  aforesaid  shall  be  any  meeting  at  which  Kind  of  meet- 

members  of  the  District  Library  Commission  of  said  dis-m 

trict  are  elected.     Whenever  any  bond  or  bonds  shall  have 

been  issued  under  the  provision  of  this  section,  the  Board 

of  Education  or  the  School  Committee  of  the  district  shall 

annually  raise  by  levy  and  taxation  a  sum  sufficient  forifcxtorpaj^ 

the  payment  of  the  interest  on  the  amount  or  amounts  soestand  estab- 

borrowed,  and  shall  likewise  raise  from  time  to  time  by 


levy  and  taxation  such  sum  or  sums  as  shall  be  necessary 
to  establish  a  sinking  fund  for  the  payment  of  the  debt 
secured  by  said  bond  or  bonds  at  or  before  the  maturity 
thereof.  The  sum  authorized  to  be  raised  for  interest  and 
for  a  sinking  fund  as  aforesaid,  shall  be  raised  in  the  same  How  raised> 
manner  as  school  taxes  in  said  district  are  raised,  and 
shall  be  in  excess  of  any  sum  or  sums  authorized  to  be 
raised  by  said  district  by  any  other  statute." 

Approved  April  15,  \.  D.  1909. 


118 


CHAPTER  107,  VOLUME  25,  PART  1. 

OF  FREE  PUBLIC  LIBRARIES. 

AN  ACT  to  amend  Chapter  362,  Volume  22,  of  the  Laws  of  Delaware,  enti- 
tled "An  Act  providing  for  the  establishment  and  maintenance  of  Free 
Public  Libraries."  by  increasing  the  appropriation  therefor. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met : 

Section  1.     That  Section  Two,  Chapter  362,  Volume  22, 

n  the  Laws  of  Delaware,  be  and  the  same  is  hereby  amended 

ries  increased. by  striking  out  the  words"the  sum  of  Seven  Hundred" 

in  line  eleven  and  twelve  of  said  Section  and  inserting  in 

lieu  thereof  the  words  "the  sum  of  One  Thousand. 

Approved  April  15,  A.  D.  1909. 


) » 


119 


MORAL  AND  HUMANE  EDUCATION. 
CHAPTER  93,  VOLUME  26. 

OF  FREE  SCHOOLS. 

AN  ACT  to  provide  for  moral  and  humane  education  in  the   public   schools 
and  to  prohibit  certain  practices  inimical  thereto. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met: 

Section  1.     That  it  shall  be  the  duty  of  every  teacher  nutyof 
of  a  public  school  in  this  State  to  teach  the  pupils  thereof  P'^rp8 
honesty,  kindness,  justice  and  moral  courage  for  the  pur- 
pose of  lessening  crime  and  raising  the  standard   of  good 
citizenship. 

Section  2.     In  every  public  school  within  this  State Notless 
not  less  than  one-half  hour  of  each  week,during  the  whole 
term  of  school,  shall  be  devoted  to  teaching  the  pupils  there- 
of  kindness,  justice,  humane  treatment  and  protection 
birds  and  animals  and  of  their  important  part  in  the  economy  Mode  of 
of  nature.  It  shall  be  optional  with  each  teacher  whether 
shall  be  a  consecutive  half-hour  or  a  few  minutes  daily,  or 
whether  such  teaching  shall  be  through  humane  reading, 
daily  incidents,  stories,   personal  examples  or  in  connec- 
tion with  nature-study,  or  recitations  or  quotations  bear- 
ing upon  these  virtues  memorized  by  the  pupil. 

The  memorizing  and  reciting  by  each    pupil  to  the 
teacher  of  quotations  or  a  declamation  of  not  less  than  fifty 
words,  and  upon  these  subjects  shall  be  equivalent  to  andmbems re 
take  the  place  of  four  weeks'  requirements  named  in  this 
Section. 

The  City  of  Wilmington  is  exempt  from  the  provisions 

f  .LI   •      T-»-n  City  of  Wil- 

Of  thlS  Bill.  mington 

exempt 


120 
Section  3.   No  experiment  upon  any  living  creature  for 

ment  upon 

c?eyatuvrlng  ^e  PurPose  °^  demonstration  in  any  study  shall  be  made 
shaii  be  made  in  any  public  school  of  this  State.  No  animal  provided  by, 
nor  killed  in  the  presence  of  any  pupil  of  a  public  school, 
shall  be  used  for  dissection  in  such  school,  and  in  no  case 
shall  dogs  or  cats  be  killed  for  such  purpose.  Dissection  of 
dead  animals  or  any  parts  thereof,  shall  be  confined  to  the 
class  room  and  shall  not  be  practiced  in  the  presence  of 
any  pupil  not  engaged  in  the  study  to  be  illustrated  there- 
by. 

superinten-  Section  4.     The   superintendent    of    schools    of   each 

schools  to  in-  county  and  of  each  City  shall  include  once  each  year  moral 
Kramofpro~    and  humane  education  in  the  program  of  the  Teachers' 


Institute  which  is  held  under  his  or  her  supervision. 

compensation  Section  5.  That  no  teacher  in  the  public  schools  with- 
wuheheiderfor  in  the  State  of  Delaware  shall  be  entitled  to  receive  any 
pTywrfth°them"  portion  of  the  public  school  moneys  as  compensation  for 

services  rendered  unless  such  teacher  shall  have  complied 

with  the  provisions  of  this  Act. 

Section  6.     All  Acts  or  parts  of  acts  in  conflict  here- 
with are  hereby  repealed. 

Section  7.     This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval. 

Approved  April  19,  A.  D.  1911. 


121 


APPENDIX 


TRANSFERRING    PROPERTY    FROM    ONE    SCHOOL    DISTRICT  section  9 
TO  ANOTHER,    OR  ALTERING  THE   BOUNDARIES  OF  EX- 
ISTING DISTRICTS  OR  CREATING  NEW   DISTRICTS. 

NOTICE  OF  INTENTION  TO  PRESENT  PETITION. 

FORM    OF 

Notice  is  hereby  given  that  (I  or  we,  as  the  case    may   be)  will 

present  a  petition  to   the   County   School   Commission  of County 

at  its  meeting  at  Dover,  on the day  of A.  D. 

for(stating  object  of  petition.)        (Signed  by  petitioners.) 

FORM  OF  PETITION. 

To  the  County  School  Commissioners  of County  : 

The  petition  of  (in  case  of  petition  to  transfer,  the  name  of 
the  owner  or  owners,  in  case  of  petition  for  new  districts  or  to  alter 
the  boundaries  of  old  districts,  the  name  of  twelve  or  more  free- 
holders of  the  districts  affected)  respectfully  represents : 

That  (state  the  object  sought  and  the  reason  therefor). 
And  your  petitioner  (or  petitioners)  will  ever  pray,  etc. 

(Date)  (Signed  here  by  owner  or  owners  in  case 

of  transfer,  or  by  twelve  freeholders  in 
case  of  new  districts  or  change  of  boun- 
daries) 

UNITING  OF  TWO  OR  MORE  DISTRICTS  FOR  ESTABLISHING 
AND     SUPPORTING     A    SCHOOL    FOR    THEIR    COMMON  S< 
BENEFIT.     NOTICE  MUST  BE  GIVEN   AS  REQUIRED  FOR 
SCHOOL  MEETING. 

FORM  OF  NOTICE  TO  BE  GIVEN  IN  EACH  DISTRICT. 

Notice  is  hereby  given  that  a  meeting   of   the   school   voters   in 

School  District  No in, County  will  be  held  on the 

dav  of next  (or  instant  as  the  ?.ase  may  be)    at 

o'clock M.,    at in   said   District,    for   the   purpose   of 

(state  here  the  Abject). 

(Date)  (Clerk  to  sign  here.) 


122 

After  the  terms  of  the  union  are  settled  and  adopted, 
a  meeting  of  the  united  district  is  held  for  the  election  of  a 
school  committee,  &c.,  upon  notice  in  the  same  form  as  the 
notice  for  stated  meetings  on  page  3,  except  that  the 
words  "United  School  District  Nos.  -  -  in  -  -  county" 
are  inserted  instead  of  " School  District  No.— 

In  case  there  is  a  proposal  to  have  several  school  houses 
in  a  united  district,  that  fact  must  be  stated  in  the  notices 
for  the  meeting. 

YEARLY  OR  STATED  MEETINGS. 
Under  Section  14. 

The  clerk  of  the  school  district,  or  if  there  be  no  clerk, 
the  commissioners,  or  one  of  them  or  if  there  be  none,  the 
Clerk  of  the  Peace  (on  application  of  five  or  more  school 
voters  of  the  district)  are  required  to  give  notice  of  this 
meeting  by  advertisements  under  hand,  of  the  day,  hour 
and  place,  posted  in  five  or  more  of  the  most  public  places 
of  the  district  at  least  five  days  before  the  day  of  meeting. 

FORM  OF  ADVERTISEMENT  FOR  YEARLY  MEETING. 

School  Voters. 

Notice  is    hereby   given   that    a   stated   meeting   of    the    school 

voters  in  School  District  No. .  .  (or  United  School  Districts  Nos. 

)  in County,  will  be  held  on  Saturday,  the .  .   day  of 

next  (  or    instant,    as   the   case    may   be,  )    at   two   o'clock, 

afternoon,  at in  said  district.      Dated  thy.  . day  of 

19 

A B , Clerk. 

When  there  is  no  clerk,  the  commissioners,  or  one  of  them, 
signs,  thus: 

C D /  r 

«..«}•  Com'rs. 
Jk r ) 

The  acts  of  the  meeting  are  not  void  although  no  no- 
tice be  given;  but  the  clerk  or  commissioner  neglecting  to 
give  notice  forfeits  ten  dollars. 

OCCASIONAL  MEETINGS. 
Occasional  meetings  of  the  school  voters  in  a  "district 


123 

may  be  called  by  the  clerk  and  commissioners,  or  any  two 
of  them. 

The  call  is  by  advertisements,  under  hand,  of  the  busi- 
ness, and  day,  hour,  and  place,  posted  in  five  or  more  of 
the  most  public  places  of  the  district  at  least  five  days  be- 
fore the  day  of  meeting-.  The  business  must  be  specified 
in  the  advertisements,  and  business  not  specified  cannot  be 
transacted.  It  must  be  at  the  place  where  the  stated  meet- 
ings are  held.  The  meeting  must  be  kept  open  one  hour. 

A  vacancy  in  the  school  committee  may  be  filled  at  an 
occasional  meeting;  in  that  case,  in  place  of  the  words  "to 
consider  and  determine/'  &c.,  in  the  annexed  form,  use 
the  words:  "To  elect  a  clerk  (or  a  commissioner,  as  the 
case  may  be,)  in  lieu  of  -  — ." 

FORM     OF     ADVERTISEMENT     FOR     OCCASIONAL 
MEETING. -School  Voters. 

An  occasional  meeting  of    the  school    voters    in    School    District 

No in County,  is  hereby  called  by  the   subscribers,    to 

be  held  on the day  of .  .next(or  instant,  as  the  case 

may  be,)  at o'clock  in  the noon, in  said   district 

to  consider  and  determine  (here  describe  the  business.) 

Dated  the day  of 19 

E F } 

G H . . . .  V     School  Committee. 

I J ) 

(Tiuo  are  sufficient] 

MEETINGS  CALLED  BY  THE  CLERK  OF  THE  PEACE. 

FORM  OF  APPLICATION  TO  THE  CLERK  OF  THE  PEACE 
TO  ADVERTISE  A  MEETING. 

To  the  Clerk  of  the  Peace  for County  : 

The  subscribers,  school  voters  of  School  District  No ,  in 

paid  county,  request  you  to  give  notice  according  to  law  of  the  stated 

meeting  of  the  school  voters  of  said  district  on  the    Saturday 

in 19 ;  there  being  no  clerk   or    commissioner   of   said 

schoool  district  to  give  the  notice.      Witness  our  hands  the day 

of 19 

This  application  must  be  signed  by  at  least  five  school 
voters  of  the  district. 


124 

The  clerk  may  observe  the  foregoing  form  of  advertise- 
ment of  yearly  meetings,  concluding  with  the  words: 

Given  under  my  hand  upon  the  application  of  five  school  voters 
of  said  district,  (there  being  no  clerk  or  commissioner  to  give  this 
notice)  the day  of ,  19 


Clerk  of  the  Peace  of County. 


This  advertisement  must  be  posted,  as  required  for 
other  stated  meetings,  in  five  or  more  public  places  in  the 
district. 

ORDER  OF  BUSINESS  AT  ANNUAL  MEETING. 

1.  Appoint  a  chairman  and  secretary. 

2.  Let  the  School  Committee  of  the  past  year  pre- 
sent their  account,  also  their  report,  and  at  the  meeting 
appoint  persons  to  settle  the  account;  and   as  soon  as  the 
settlement  is  made,  let  it  be  reported  to  the  meeting  and 
entered  on  the  minutes. 

3.  Elect  by  ballot  a  clerk  or  commissioner   (as  the 
case  may  be)  in  place  of  the  one  whose  term  expires  on  this 
day;  or  fill  any  other  vacancy  that  may  exist  of  clerk  or 
commissioner.     A  majority  of  the  ballots  given  is  neces- 
sary to  elect-     No  person  but  a  school  voter  of  the  district 
can  be  elected. 

4.  Resolve,  whether  any  sum  above  that  required  to 
be  raised  by  law  shall  be  raised  for  the  ensuing  year,  if  so, 
to  determine  by  a  majority  ballot  whether  it  shall  be  raised 
by  tax  or  subscription. 

This  last  vote  must  be  taken  at  the  annual  meeting  or 
the  substitute  therefor;  it  can  be  taken  at  no  other  time. 

The  vote  respecting  a  tax  must  be  by  ballot:  it  may  be 
taken  by  writing  "For  a  Tax/'  on  some  slips  of  paper  and 
"Against  a  Tax,"  on  other  slips;  and  each  for  a  tax  voting 
a  slip  "For  a  Tax;"  each  against  a  tax,  a  slip  "Against  a 
Tax/' 

It  is  important  to  attend  to  each  of  these  items  separ- 
ately and  have  the  proper  entry  distinctly  made  in  respect 
to  it.  The  proceedings  of  a  meeting  have  been  a  mere 


125 

nullity  in  consequence  of  blending  votes  on  several  items. 
In  respect  to  raising  money  it  is  best  to  vote  first  what 
sum  shall  be  raised,  and  enter  the  vote;  and  then  vote  con- 
cerning a  tax,  and  enter  this  vote. 

If  two  or  more  persons  receive  an  equal  number  of  votes 
for  clerk  or  commissioner  (as  the  case  may  be,)  there  is  no 
choice,  and  the  meeting  should  vote  again,  and  so  on  until 
one  person  receives  the  majority  of  all  the  votes. 

CERTIFICATES. 

Three  certificates  of  the  proceedings  of  every  meeting 
must  be  signed  by  the  chairman  and  secretary,  and  de- 
livered, one  to  the  clerk  of  the  district,  one  to  the  Auditor 
of  Accounts,  and  the  other  to  the  Clerk  of  the  Peace  of 
the  county.  These  certificates  ought  to  be  made  and 
signed  at  once,  and  delivered  without  delay. 

A  chairman  or  secretary  not  doing  his  duty  in  this 
particular,  within  one  month,  is  liable  to  a  fine  not  exceed- 
ing $50;  and  the  proceedings  of  the  meeting  shall  be  void. 

FORM  OF  CERTIFICATE  OF  YEARLY   MEETING. 

At  the  stated  meeting  of  the    school    voters    in    School    District 
No  .........  (or  U  nited  School   District    Nos  .......  )  in  ........  County. 

held  according  to  law  on  Saturday,  the  ........  day  of  ........  19  ...... 

at  the  district  school  house....  .....  in  said  district. 

A  ........  B  ........  ,  was  appointed  Chairman,  and 

C  .........  D  ..........  Secretary. 

The  account  of  the  school  committee  of  the  past  year,  namely, 
........................  and  ............  was  laid  before  the  meeting, 

and  on  motion  E  .....  .  .  F.  ......  and  G  .......  H  .....  .  .  were  appointed 

to  examine  and  settle  the  same.      By  a  report,    also,    of  said   school 
committee,  it  appeared  that  there  had  been  kept   in   the  district   by 
a  teacher  (or  ,  .......  teachers)  a  school  for  the  period  of  ----  .  .  .  .  ,  the 

teachers  wages,  the  rate  of  ........  ,  and  of  the  highest  number  of 

scholars  ........  males,  and  ........  females. 

Upon  a  vote  by  ballot,    K  .......  ..  .L  .........  was   elected   clerk, 

(or  commissioner,  as  the  case  may  be),  of  the   said   district  he   hav- 
ing a  majority  of  votes.* 

(Here  may  be  inserted  the  adoption  of  any  resolution  or  statement 
of  other  hnttinrxx  frtuixtx-tcd  which  is  not  specified  in  this  form}. 


*The  above  should  be  substantially  observed  ;  but  varied  from  so  as  to  conform  to  facts. 


126 

Resolved,  that  the  sum  of be  raised  in  this  district  above 

the  sum  required  to  be  raised  by  law. 

The  meeting  voted  by  ballot  respecting  a  tax  for  raising  the 
above  sum. 

And  there  was  a  majority  of  votes  for  a  tax,  (or  against  the 
tax,  as  the  case  may  be.)* 

E F and  G H ,  appointed  as  above 

to  examine  and  settle  the  account  of  the  school  committee  of  the 
past  year,  report,  that  they  have  examined  and  settled  the  same,  and 
that  upon  said  account  there  is  a  balance  due  to,  (or  from,  as  the 
case  may  be,)  the  district  of 

Said  report  was  adopted. 

A B ,  Chairman. 

Attest :  C. . . D ,  Secretary. 

FORM  OF  CERTIFICATE  OF  OCCASIONAL  MEETING. 

At  an  occassional  meeting  of  the  school  votei*k  in  School  Dis- 
trict No .in.  ...  .County  duly  called  by  (insert  the  name  of  the 

school  commmittee  calling  the  meetings,)  the  school  committee  (or 
two  of  the  school  committee  as  the  case  may  be, )  of  said  district, 

and  held  on the .....  day of .  .  .  .  .  19 .  .  .  . ,  at  (here  insert 

the  place  where  the  stated  meetings  are  held>)m  said  district. 

A .B .,  was  appointed  Chairman,  and 

C .D ,  Secretary. 

The  Chairman  and  secretary  inquired  respecting  the  advertise- 
ments of  this  meeting,  and  found  that  advertisements  of  the  busi- 
ness, and  the  day,  hour  and  place  of  this  meeting  were  posted  on  the 

......  day  of (or  last,  as   the  case  may  be  )  at  (here  mention 

by  a  proper  description  every  place  in  which  an  advertisement  was 
posted),  being  five  of  the  most  public  places  of  said  district,  and  the 
business  mentioned  in  said  advertisements  was  (here  set  forth  the 
business  as  contained  in  the  advertisements.) 

Upon  a  vote  by  ballot  G H.  . ,  was  chosen   clerk   in 

place  of  K L 9 removed,   (or  refusing  to  serve,    or   deceased 

as  the  case  may  be.) 

Resolved,  {setting  down  any  proceedings  of  the  meeting,  ob- 
serving that  no  business  can  be  transacted  not  mentioned  in  tlie  ad- 
vertisements.'} 

A B   ,  Chairman. 

Attest : C D Secretary. 

*The  above  should  be  substantially  observed  ;  but  varied  from  so  as  to  conform  to  facts- 


127 
SELECTION  OF  SITE  FOR  SCHOOL  HOUSE. 

FORM  OF    PETITION. 

To  the  Levy  Court  of County  : 

The  petition  of and School  Commis-  Sectlon  17 

sioners  of  School  District   No .in County,  respectively 

represent : 

That  we  are  not  able  to  procure  by  agreement  with  the  owner 
a  lot  of  Jand  in  said  district  suitable  and  proper  for  the  erection  of 
a  school  house  for  the  use  of  said  district. 

Your  petitioners  therefore  pray  that  three  judicious  and  impar- 
tial freeholders  of  this  County,  residing  without  the  limits  of  said 
district,  be  appointed  by  this  Court  to  select  a  site  for  a  school 
house  and  appurtenances  in  said  district. 

And  your  petitioner  will  ever  pray,  etc. 

(Signed  here  by  Commissioners.) 


NOTICE  TO  FREEHOLDERS. 

FORM  OF  NOTICE. 
To 

You  are  hereby  notified  that  you   and and have 

been  appointed  by  the  Levy  Court  of County  to   go  upon   and 

select  a  site  for  a  school  house  in  School  District  No in  said 

County. 

We  have  fixed .  .  the .  .  day  of .  .  A.  D ,  at 

o'clock M.,  as  the  day  for  you  to  meet  and  select 

the  site  as  aforesaid. 

(Date)  (Signed  by  Commissioners.) 

Notice  should  be  sent  to  each  freeholder. 
FORM  OF  NOTICE  TO  VOTERS  OF  DISTRICT. 

Notice  is  hereby  given  that  we  have  selected.  .....  the.  ...... 

day  of.....  A.  D ..at o'clock.  ....  M.,  for  the    meeting 

of  freeholders  appointed  by  the  Levy  Court  to  select  a  site  for  a  new 
school  house  in  this  District. 

(Signed  by  Commissioners.) 


128 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 

As  to  the  proceedings  required  in  the  assessment  and 
collection  of  taxes,  the  law  is  so  explicit  that  explanations 
of  its  provisions  do  not  seem  necessary.  A  form  of  no- 
tice of  posting  assessment  list  is  given  below. 

POSTING  ASSESSMENT  LIST. 

FORM  OF  NOTICE 

Section  18  Notice  is  hereby    given   that  a  copy  of  the   assessment   list   of 

School  District  of  No is  posted    at, for  inspection,  and 

that  we  will  sit  on the  day  of A.  D, at 

o'clock M.,  at to  hear  any  objection  to  said  list. 

(Signed  by  Commissioners.) 

The  form  of  warrant  to  collector  is  given  in  the  law  in 
Section  20. 

FORM  OF  NOTICE  TO   SCHOOL  COMMITTEE  OF  DISTRICT 

We,  the  undersigned,  tax  payers  in  School   District  No ., 

County  respectfully   petition    the   School   Committee   of   said 

district  to  call  a  meeting  of  the  school  voters  for  the  purpose  of  vot- 
ing on  the  raising  of  a  tax  of dollars  to  be  used  in   repairing 

building  or  furnishing  a  school  house  in  the  district. 

(Signed  by  Tax  Payers). 


INDEX 


By  volumes: 
Vol.  21,  Char 

"  22, 

"  23, 

"  24, 

"  25, 
"  26, 

"  27, 

)ter  67. 

9 

219  

51 

220  

55 

112  

56 

340  

60 

341.. 

61 

361 

91 

362  

102 

114  

113 

121  

64 

122  

71 

123  

.  74 

124  

74 

129  

75 

90  

76 

106  

....115 

107  

118 

92  

59 

93  

119 

94  

5 

95  

34 

%  

63 

106  

.  49 

Abatement  from  school  tax 31 

Accounts  of  School  Committee,  to  be  settled  with  State 

Auditor 43 

Accounts  of  School  Districts  to  be  settled  before  Aug.  10  56 

Adjoining  districts  may  establish  joint  school 26 

Admission  of  pupils,  non-resident,  to  Graded  Schools...  52 
Alcohol  and  Narcotics,  injurious  effects  of,  to  be  taught  26 
Annual  School  or  Stated  Meeting,  to  receive  report  of 

District  Library  Commission 109 

Amendment  requiring  same 98 

Amount  of  weekly  payment  to  Normal  Students 61 

Amendment  of  same 63 

Annual  Meeting  of  Voters,  substitute  for 22 


Annual  Meeting  of  Voters,  may  reduce  the  period  of 

compulsory  attendance 64 

Annual  Report,  teacher's,  to  State  Board  of  Education, 

to  be  verified  by  affidavit 41 

Annual  Report,  teacher's,  may  be  made  by  Principal  of 

School 42 

Applicant  for  Teacher's  Certificate,  if  refused  by 

County  Superintendent,  may  appeal  to  State  Board 

of  Education 42 

Appropriation  to  Committee  on  Traveling  Libraries... -  55 

Appropriation  to  schools,  How  made — 56 

Appropriation  to  schools,  share  of,  how  secured  for  addi- 
tional teacher 57 

Appropriation,  amount  of  annually  to  each  School  or 

Library  District Ill 

Amendment  of  same  100 

Apportionment  of  School  Fund 45 

Apportionment  of  balances  of  school  funds  left  in  hands 

of  School  Committee  at  end  of  any  year 46 

Appropriation  for  Schools,  (See  also  State  Dividend) ...  11 
Assessment  list  to  be  made  by  school  Committee,  for 

school  taxes 23 

Assessment  list,  how  made 28 

",  not  to  be  based  on  assessment  list  for 

hundred . .  29 

Assessment  list,  to  be  publicly  posted 30 

Assessment  for  school  purposes,  what  to  consist  of 28 

of  land  in  two  districts,  how  made 29 

yearly  alterations  to  be  made 30 

objections  to 30 

for  colored  school  districts 31 

Assessors,  to  make  list  of  school  children  for  compulsory 

attendance —  68 

Assessor's  pay  for  enumeration  of  school  children 68 

Attorney  General,  empowered  to  collect  penalty  for  an 

unfulfilled  Normal  School  attendance  contract 62 

Attendance  Officer  for  the  enforcement  of  Compulsory 

Attendance 66 

Auditor,  State,  to  act  on  decisions  of  the  State  Board 

of  Education 7 

Auditor  of  Accounts,  to  receive  copy  of  proceedings  of 

stated  annual  meetings 21 

B 

Balances  of  School  Fund,  how  apportioned 46 

Balances  of  School  Fund,  exception 47 

Bequests  for  Free  Public  Library  Purposes,  to  whom... 103 


Blanks  Forms: 

Of  intenton  to  present  petition .121 

Of  petition  for  transfer  of  property  or  of  change  of 

boundaries  of  school  district 121 

Of  notice  of  meeting  in  school  district 121 

Of  Yearly,  or  Stated,  or  Annual  Meeting 122 

Of  notice  of  occasional  meeting .122 

Of  adveritsement  of  occasional  meeting. 123 

Of  meeting  called  by  Clerk  of  the  Peace 123 

Of  order  of  business  at  annual  or  stated  meeting... 124 
Of  certificate  of  proceedings  of  annual  meeting..  ..125 
Of  certificate  of  proceedings  of  occasional  meeting.  .126 

Of  selection  of  site  for  a  school  house 127 

Of  notice  to  free-holders  to  serve  on  committee  to 

seize  a  site 127 

Of  notice  to  voters  of  a  school  district 127 

Of  notice  of  posting  of  assessment  list 128 

Of  notice  to  District  School  Committee  to  call  a 
meeting 128 

Board  of  Education,  of  any  school  district,   to  levy  tax 

for  Free  Public  Library 106 

Amendment 94 

Bond,  form  of  to  be  given  for  Free  Public  Library  Pur- 
poses   ... 116 

Bonds,  for  money  borrowed  by  School  Districts, when  to 
be  issued 72 

Bonds,  for   money   borrowed  by   School    District,  how 
signed  and  sealed 72 

Boundaries  of  School  Districts   to  be  certified  to  Clerk 
of  the  Peace 13 

Boundaries   of  School  Districts,  also  see 15 

Borrowing  money  for  Free  Public  Library 116 

Borrowing  money,  by  School  Disricts.. 71 

Business,  Order  of,  at  annual  or  stated  meeting 124 


Certificate, Teacher's,  see  Teacher's  Certificate — 
Certificate,  no  teacher  to  be  employed  without  a  proper 

one 23 

Certificate  of   proceedings   of   School  Meeting,  who  to 

sign •  •• 21 

Certificate  of  proceedings  of   School   Meeting,  who   to 

receive ••    .......  — 21 

Certificate  of  proceedings  of  School  Meeting,  to  be  kept 

as  a  public  document - 21 


Classification  of  School  Districts— 

For  Free  Library  purposes • 

Amendment 92 

Amount  of  money  to   be   raised    in  districts  of  the 

first  class  amended 115 

Georgetown,  Sussex  County 113 

Clerk  of  the  Peace— 

To  certify  colored  school  districts  to  the  Trustee  of 

the  School  Fund 13 

To  be  notified  of  the  inclusion  of   omitted  property 

within  a  school  district 16 

To  give  notices  of  school  meetings,  if  no  Clerk  and 

no  School  Commissioners  in  a  district 21 

To  certify  names  of  School  Commissioners  to  the 
County  Superintendent,  to  the  Auditor  of  Ac- 
counts, to  the  Trustee  of  the  School  Fund 22 

To  receive  a  copy  of  the  proceedings   of  the  annual 

meeting  of  school  districts 21 

To  receive  names  of  School  Commissioners   and   to 

certify  same  to  certain  officials 22 

Clerk  of  School  District- 
Duties  and  penalties 21 

Duties  and  penalties,  see  also. 24 

If  there  be   none,  Commissioners  to   assume  duties 

and  penalties 21 

Duty  of 30 

Shall  distribute  text-books 36 

Shall  be  responsible  for  their  safe-keeping 36 

Shall  receive  and  account  for  moneys  from  text- 
books sold 36 

Closing  a  school, not  within  power  of  the  County  School 

Commission •  • 11 

Colored  Districts,  may  be  changed  by  the  County  School 

Commission 74 

Colored  Districts,  formed  by  County  School  Commission 

may  be  altered 12 

By  same 14 

Colored  Schools,  assessments  for,  to  be   made  same   as 

for  other  schools 31 

Colored   Schools,  amounts  of  taxes  for 31 

Colored  Teachers,  an  institute  to  be   held  for  by  Supt,. 

of  Kent  Co 43 

Commission,  State  Library—  1^553 

Created 102 

How  composed 102 

Powers : 102 

Duties 103 


To  make  report  and   recommendations   to   General 
Assembly 103 

Commissioner  of   Education— 

Office  created........ 49 

Salary  of 49 

Qualifications 49 

Duties  of 50 

Contingent  expenses 50 

Committee  on  Travelling   Libraries  of  "The  Federation 
of  Women's  Clubs  of  Delaware" 55 

Compensation  to  School  District  for  non-resident  pupils 

admitted  to  Graded  Schools 53 

Complaints,  certain,  to  be  heard  by   County  School 
Commission 11 

Compulsory  Attendance- 
Ages  of  pupils ..  ....   64 

Period  of  compulsory  attendance 64 

Period  may  be  reduced  by  Commissioners 64 

Form  of  procedure  in  enforcement  of  the  law 65 

Compulsory   Attendance,  not   required   under   circum 

stances 65 

Ages  of  pupils  to  be  listed  by  assessors 68 

Expenses  to  enforcement  to  law,  how  paid 69 

In  city  of  Wilmington 70 

Constitutional  Provision  for  public  schools iii 

Contract, one  required  with  students  receiving  state  help 
toward  a  Normal  School  education 61 

Contributions,  permitted  for  the  support  of  schools  in  a 
united  district 17 

Corbit  library,  to  become  a  Free  Public   Library,  under 
act  of   March   9,1901 ..112 

Corbit  Library,  Amendment. —  ...... .101 

Costs  of  action,  under  Compulsory  Law,  how  paid. . 69 

County  School  Commission- 
Established.... 9 

Membership.. 9 

Appointment  by  Governor ... 9 

Term 9 

Political  party 9 

Seniority 9 

Regular   Meetings 9 

Special   Meetings 10 

Quorum 10 

Vacancies 10 

Powers 10 

Objects  of 10 

Report  to  State  Board  of  Education 11 


To  Act  as  a  Sanitary  Commission 11 

Expenses  to  be  paid 11 

To  divide  County  into  districts  for  school  purposes  12 

To  receive  copy  of  teacher's  annual  report. 42 

To   report  neglect  of   teacher   to  County  Superin- 
tendent    42 

To  receive  note  book  of  the  County  Superintendent  39 
To  hear  appeals  from    decisions  of  any  school  Com- 
mittee, or  from  State  Board  of  Education  as  to 

admission  of  pupils  into   Graded  School-. 52 

May  help  pupils  get  a  Normal  School  education 61 

Makes  payment  of    money   for  Normal  School  stu- 
dents   62 

To  change  colored  districts 74 

Of  Sussex  County,  given  a  special   apropriation  to 

improve  colored  schools  of  county 76 

County  Superintendent— 

To  be  notified  of  appointment  of  teachers 25 

To  receive  the  quarterly  report  of  teachers  to  school 

Committeee,  from  Clerk 37 

To  have  general  superintendence  of  public   schools 

in  county 37 

Appointment. 38 

Term  of  office 38 

Qualifications 38 

Residence 38 

May  not  engage  in  any  other  vocation 38 

Duties ,  38 

Assistance  to  teachers 38 

Shall  attend  meetings  of  County  School  Commission .  39 
Shall  execute  orders  of  State  Board  of  Education....  39 

Collection  of  statistics  a  special  part  of  duties 39 

May  withdraw  teachers'  certificate  for  cause. 39 

To  note  condition  of  schools  visited  in  book 39 

To  deliver  such  book  to  County  School  Commission  39 
To  deliver  such  book  to  the  State  Board  of  Educa- 
tion   39 

To  prepare  teachers'  examination  questions 39 

To  conduct  examinations 39 

To  hold  teachers'  institute 40 

To  suspend  certificate  of  teachers  reported  as  fail- 
ing to  make  annual  report 42 

Duty  toward  institute 43 

To  settle  with  State  Auditor 43 

To  give  teacher's  certificate  without  examination..  60 
This   certificate   can    be    renewed   only   by   State 

Board  of  Education 60 

Must  countersign  excuse  for  absence  of  pupil  un- 
der Compulsory  Attendance  law 64 


To  proceed  against  truant  and  incorrigible  pupils..  67 

To  provide  book  for  list  of  school  children 68 

To  provide  list  of  names  of  pupils  to  teachers 68 

To  proceed  against  parents  whose  children  are  ille- 
gally absent 69 

D 

Deduction  from  State   Dividend   of  a   school  District, 

what 57 

Delaware,  map  of,  required  in  each  school  room 25 

Delaware,  government  of  State  of,  to  be  taught 26 

Discrimination  between  taxables  forbidden 35 

Dismissal  of  teacher,  power  of  School  Committee 23 

Districts,  School - 

New, how  to  be  formed 14 

New  limits  of  to  be  recorded  in  the   office   of  the 

-Clerk  of  the  Peace 15 

Several  may  unite  for  the  establishment  of  a  joint 

school 16 

District  Library  Commmission — 

Election  of  members 107 

Amendment 97 

Vacancy  in  membership 108 

Amendment - 97 

Powers  of 109 

Amendment 98 

May  borrow  money 115 

Permitted  purposes  of  loan 115 

Vote  on  question  of  borrowing - 116 

Dividend,  State,  see  State  Dividend 

Dividend,  additional,  for  a  new  teacher,  how  secured..  57 
Dividend,  share  of,  may  be  withheld  from  a  District...  58 
Dover,  Public  Library  to  become  a  Free  Public  Library, 

under  the  act  of  March  9,  1901 112 

Amendment 101 

Draft,  form  of,  for  teacher's  salary 45 

E 

Education  at  Normal  School,  encouragement  of 61 

Education  at  Normal  School,  amount  of  weekly  payment  63 
Election  for  the  establishment  of  a  Free  Public  Library  93 

subsequent,  if  first  be  lost 93 

holding  of  such  election .105 

Amendment 93 

to  be  by  ballot 105 

Amendment 93 

notice   of  for  Free  Public  Library 105 

Amendment 93 


8 

Election  To  unite  Districts  for  Library  purposes Ill 

Amendment 100 

special,  to  borrow  money  for  School  District..  71 

special,  qualification  of  electors 72 

Elections,  qualifications  of  electors  or  voters  for  school 

elections 19 

Elections,  of  members  of  School  Committee 20 

'Establishment  of  Free  Public  Schools 9 

Expenses,  of  members  of  the  State  Board  of  Education  7 

Expenses,  of  the  County  School  Commission 12 

Expenses,  of  the  State  Library  Commission 91 

Amendment 118 

Expulsion  of  pupils,  power  of  School  Committee 23 

Examination  questions,  teachers7,  to  be  prepared  by 

County  Superintendents 39 

Examinations,  teachers',  to  be  conducted  by  the  County 

Superintendents 39 

Excuse  of  pupils  from  Compulsory  Attendance 64 

Exemption  from  taxation  of  school  property,  for  county 

purposes 29 

Experiment  on  living  creatures,  forbidden  in  school.... 120 

F 

Failure  to  keep  school  open  the  required  number   of 
days,  penalty  for 44 

Fees,  of  tax  collector 33 

Fines  for  violation  of  Compulsory  Atttendance  law,  how 
disposed  of 66 

Fines,  due  District  Library  Commission, how  disposed  of  110 
Amendment 99 

Forms,  Blank,  see  Blank  Forms 

Fraudulent  entries  in  notes  of  a  School  meeting,  penalty 
for 21 

Free  Library,    privileges    to  non-residents    of  School 

District Ill 

Amendment 99 

Free  text-books, must  be  supplied   by  School  Committee  35 

Manner  of  ordering 35 

Clerk  to  keep  a  list  of 24 

Funds,  Public  School,  to  be  equitably  apportioned  iii 

Funds,  misappropriation  of  School  Funds,   how  to  be 
treated 24 

G 

Georgetown,  a  library  district  of  the  first  class 113 

Government  of  Delaware   and   of   United   States  to   be 
taught 26 


9 

Graded  Schools— 

To  be  established  or   ranked 51 

State  Board  of  Education  to  prepare  a  list  of 51 

Free  to  children  of  county 51 

District  need  not  admit  pupils  under   certain   con- 
ditions   52 

Restriction  on  Number  of  pupils 53 

Compensation  for  each   pupil 53 

H 

Humane  Education,  required  in  every    School 119 

I 

Incorporated  districts,  school  laws  to  be  applicable  to 48 

Incorrigibility  of  pupils,  how  dealt  with 67 

Insurance  on  School    Houses,   to  be  placed  by  School 

Committee 23 

Institute,  Teachers',  to  be  held  for  colored  teachers..  ..  43 
Institute,  Teachers',  to  be  held  by  County   Superinten- 
dents   40 

Instruction,  required— 

In  the  injurious  effects  of  alcohol  and  narcotics  ....  26 
In  the  government  of  Delaware  and  of  the  United 

States 26 

Also 74 

In  moral  and  humane  topics 119 

Interest,  rate  of,on  money  borrowed  for  School  District  72 
Interest,  rate  of,  on  money  borrowed  for  library  pur- 
poses  116 

J 

Joint  shools,  may  be  established  by  adjoining  districts..  26 

K 

Kent  County,  annual  school  meetings 75 

Kent  County,  Superintendent  of — 

To  hold  institute  for  colored  teachers 43 

Duties  of  toward  such  institute 43 

Amendment 120 

Kindergarten,  free,  may  be  established,  open  to  certain 
children.-.. 35 

L 

Legislation,  to  be  recommended  by  the  State  Board  of 
Education 7 

Legislation,  to  be  recommended  by  the  State  Library 
Commission '. 103 


10 

Libraries,  Free  Public,  Act  relating  to 102 

Amendment 91 

113 

115 

118 

Library  Commission,  State 102 

Libraries,  Travelling,  Appropriation  to  the  Committee 

on 55 

Limit  to   number  of  pupils  to  be  admitted  to   Graded 

Schools  of  a  county 53 

Limit,   to  payment  of  salary  of  teacher    from    State 

School  Dividend 46 

Lists  of  pupils— 

To  be  kept  by  Clerk  and  furnished  to  teacher 24 

To  be  made  by  Assessor 68 

Facts  to  be  included 68 

Additions  to  list,  by  whom  made 68 

To  be  supplied  to  teacher  by  County  Superinten- 
dent        68 


M 

Majority,  action  of— 

Binding  for  County  School  Committee 13 

To  decide  questions  of  transfer  of  property   from 

one  district  to  another 15 

School  Committee  shall  decide  questions 15 

At  a  School  Meeting  shall  decide  whether  money  be 

raised  by  tax  or  by  subscription 20 

Map  of  Delaware  and  of  United  States,   to  be  in  each 

school 25 

Metes  and  bounds  of  School  Districts  to  be  kept  by  Clerk  24 
Meeting  of  School  electors,  or  Stated  Annual  Meeting—, 

Time  of 20 

Order  of  Business 20 

Form  of 124 

If  omitted 21 

Occasional 21 

Notice  of  to  be  given  by  the  Clerk  or  Commission- 
ers or  Clerk  of  the  Peace 21 

Three  certificates  of  the  meeting  to  be  made 21 

In  united  district,  where  held 17 

For  the  approval  or  rejection  of  resolution  to  borrow 

money  for  Free  Public  Library 117 

Membership  on  District  Library  Commission,  who 108 

Membership  on  District  Library  Commission,  amended  96 
Misappropriation  of  School  Funds 24 


11 

Money- 
Borrowing  for  School  purposes 71 

Borrowing  for  library  purposes 115 

Sum  of,  to  be  raised  at  school  elections 20 

Sums  of,  to  be  raised  by  colored  districts 31 

Sums  of,  to  be  raised  for  Free  Public   Library 106 

Amended 94 

Moral  education,  required 119 

Mortgage  for  money  borrowed  by  School  District  per- 
missible   73 

N 

Names  of  School  Committeemen  to  be  certified  to  Clerk 

of  Peace 22 

Narcotics,  injurious  effects  of  to  be  taught 26 

Neglect  to  report  non-attendance  a  misdemeanor 65 

Neglect  to  enforce  Compuslory  Attendance  law 66 

Neglect  to  enforce  Compulsory  Attendance  law,  also....  69 
Normal  School  attendance,  encouragement  of  students..  61 

Normal  School  attendance,  amount  of  help  given 63 

Non-resident  tax-payers — 

To  receive  notice  of  assessment  for  school  purposes  30 

To  have  use  of  Free  Public   Library Ill 

Amendment 99 

Non-resident  pupils,  admission   to   Graded  Schools- ...  53 

Non-resident  pupils,  payment  of  tuition  by  State 53 

Notice,  to  parents  of  illegal  absence  of  children 66 

Notice,    of   non-attendance   of    pupils   by   teacher,    to 

officials 68 

Numbering  of  School  Districts 13 

Numbering  of  new  districts 15 

o 

Oath  of  Office,  County  School  Commissioners  to  take....  10 
Oa^h  of  Office,  members  of  School  Committee  to  take  ..  22 

Order  of  business  at  a  meeting  of  School  Electors 20 

Objections  to  assessment,  how  and  where  to  be  made..  30 

P 

Pay,  to  institutions,  for  truant  and  incorrigible  pupils-.  67 

Payment,  of  School  Tax 31 

Payment  made  on  account  of  non-resident  pupils  to  be 
included  in  the  account  of  the  Auditor  in  settling 

with  a  district 54 

Penalty— 

For  voting  at  a  school  election  by  an  unqualified 
voter 19 


12 

For  fraudulent  entries   in   certificate  of  school 

meeting 21 

Of  chairman  or  secretary  of  a  meeting  of  school 

voters,  for  neglect  of  duty  .    .       22 

For  misappropriation  of  school  funds 24 

Upon  teacher  for  not  instructing    in    injurious 

effects  of  alcohol  and  narcotics 26 

Upon  teachers  for  neglect  to   give   moral   and 

human  instruction 120 

For  non-payment  of  taxes  ...     .    ,    34 

Upon  teacher  for  not  making   quarterly   report 

to  School  Committee  ...       37 

Upon  teacher  for  not  making  annual  report  .    .    42 
Upon  School  Committee  for  not  settling  account 

with  the  Auditor 43 

Upon  district  if  Committee  fails  to  settle  its  ac- 
count with  the  Auditor 44 

For  failure  to  perform  duty  under  the  Compul- 
sory Attendance  law 65 

For  officials  who  fail  to  enforce  Compulsory  At- 
tendance   69 

For  district  failing  to   enforce  Compulsory  At- 
tendance    69 

For  violation  of  Rules  of  District  Library  Com- 
mission     . 110 

Amendment 99 

Petition  for  election  for  Free  Public  Library 104 

Amendment 93 

Petitioners,  number  required  in  each   class   of   library 

district 105 

Amendment 93 

Principal  of  Graded  School,  may  make  annual  report  for 

entire  school 42 

Private  Schools,  required  to  make  report  of  non-attend- 
ance of  certain  pupils 65 

Privileges,  library,  granted  to  non-residents  of  districts 

having  a  Free  Public  Library Ill 

Amendment  .   • 

Procedure,  form  of,  under  Compulsory   Attendance  law  66 
Proceedings  of  annual  stated  meeting  of  School   Voters 

to  be  void 22 

Property,  school,  if  not  repaired  as  ordered   by  County 

School  Commission,  penalty  for 11 

Property,   omitted   from   the   assessment   list    of   any 

school  district 16 

Property,  transfer  from  one  district  to  another  ....    14 
Property,  not  previously  included  in  any  school  district  16 


13 

Public  School- 
Constitutional  Provision  for  -       iii 

Control  by  State  Board  of  Education 5 

Established 9 

May  not  be  closed   or   suspended   by   the   County 

School  Commission ....    11 

Property,  to  be  exempt  from  county  or  other  taxes  54 
To  be  free  to  all  children  over  age  of  six  years  .   .    35 

Power  to  locate  site  for 23 

Power  to  change  site  of  .    .       23 

Pupils,  to  be  excused  from  compulsory  attendance,  under 
certain  conditions 65 

R 

Rate  of  taxation,  determined  by  School  Committee   .    .    31 

Recommendations  to  General  Assembly,  of  State  Board 
of  Education 7 

Recommendations  to  General  Assembly,    of   State  Li- 
brary Commission 103 

Removal  of  a  taxable  from  district 33 

Report  of  County  School  Commission,  to  the  State  Board 
of  Education 11 

Report  of  District  Library  Commission 109 

Amendment 98 

Report- 
Duty  of  teacher,  to  report  to  School  Committee  .    .    37 
Duty  of  teacher,  to  State  Board  of  Education  ...    41 
Of  Committee  on  Travelling  Libraries,  to  the  Gen- 
eral Assembly 55 

Of  non-attendance  of  certain  pupils  in  private  schools  65 

Residence,  of  more  than  two  miles  from  school,  excuses 
from  compulsory  attendance  .    .          65 

Rules  and  Regulations  for  admission  of  pupils  to  Graded 
Schools 52 

Rules  and  Regulations,  State  Board  of  Education  to  make     6 

Rules  and  Regulations,  School  District  Library  Commis- 
sion to  make 110 

Amendment 99 

s 

Sanitary  Commission,  County  School  Commission  to  act 
as  one 11 

Sanitary  equipment  of  schools,  to  be  regulated   by   the 
State  Board  of  Education 6 

School  Committee— 

Of  a  district,  to  bring  suit  for  balance  if  not  paid  .    19 


14 

May  sue  members  of  a  late  committee  for  such  bal- 
ance   19 

When  a  former  one  continues  in  office 22 

For  each  district 23 

Members  of 23 

Clerk  of,  duties 21 

Clerk's  duties 23 

Members  to  be  sworn 23 

Election  at  annual  stated  meeting 

Powers  and  duties  of • 23 

Act  of  majority  binding 24 

Vacancies,  how  filled  . 

Must  secure  display  of  U.  S.  flag  on   or   near   each 

school 25 

Must  have   map  of  Delaware  and  of  U.  S.   in  each 

school 25 

Must  have  injurious  effects  of  alcohol  and  narcotics 

taught  in  each  school .    •    •   •    26 

To  pay  balance  due  to  successors 25 

If  balance  is  not  paid  in  ten  days,  penalty   added. .  25 

Members  receive  no  salary -25 

Receive  pay  for  appearing  before  the   Auditor  .    -    25 
To  notify  the  County   Superintendent   of   the   ap- 
pointment of  teacher 25 

May  admit  pupils  from  other  districts 27 

May  pay  for  tuition  of  advanced  pupils  in   another 

district 27 

Has  power  to  make  health  regulations 27 

Duty  to  make  assessment  for  school  taxes   ...     .28 

To  determine  tax  rate 31 

To  Appoint  tax  collector,  after  August  10  .     .   .    .32 
To  provide  for  the  safe  keeping  and  care   of  text- 
books   37 

Shall  keep  a  separate  account  of  amount   expended 

for  text-books  • 37 

Accounts  of,  when  to  be  settled  ....     ...     .    .    43 

To  report  to  Trustee  of  the  School  Fund  .        ...    58 

May  excuse  pupils  from  Compulsory  Attendance    .    64 
May  fix  the  Compulsory  Attendance  period  .    -    .    .    64 
To  receive  fines  imposed  for  violation   of   Compul- 
sory Attendance  law 66 

To  see  that  Constitution  of  Delaware  is  taught  .    .    74 

School  Committee,  to  levy  tax  for  library  purposes 106 

Amended 94 

Schoool  Districts- 
May  unite  for  Library  purposes Ill 

Amendment 100 


15 

Union  effected  by  election Ill 

Amendment 100 

Classified  for  Library  Purposes 104 

Amendment  .    .   „ 92 

School  Districts,  as  they  existed  at  time  of  passage 

of  act  of  1898  to  continue 18 

School  Districts,  amounts  of  taxes  to  be  raised  by  .    47 
School  District  Library  Commission — 

To  be  elected  .    . 107 

Amendment 95 

Number  of  members 107 

Who  may  be  member 108 

Additional  powers 109 

Organization  .  108 

Vacancy,  how  filled 108 

Power  of •    .    .     .    .    : 109 

Amendment 97 

To  make  Rules  and  Regulations 110 

Amendment  .   .   .  99 

School  District,  any,  may  establish  a  Free   Public   Lib- 
rary by  election 103 

Amendent 92 

Schools,  penalty  upon   district,  if  not   kept  open  legal 

number  of  days • 44 

Schools,  Sanitary  equipment,  regulated  by  State  Board.     6 
School  Fund- 
How  constituted 44 

Trustee  of 44 

Apportionment  of 45 

Manner  of  paying  to  school  districts 45 

Manner  of  use  by  district 46 

To  be  used  only  for  payment  of  teacher's  salary   .    46 

School  laws,  continued  in  force 48 

School  laws,  to  apply  to  incorporated  districts  .    .     .    •    48 

School  meetings,  annual,  in  Kent  County  . 75 

School  officers,  reappointment  or  reelection   of  .     .  47 

School  site,  how  secured  in  case  of  non-agreement  with 

owner  .   ,  27 

School  site,  decided  by  School  Committee 23 

School  Taxes,  amounts  to  be  raised  by  districts  ....    47 

School  Taxes,  may  be  paid  before  Aug.  10  • 31 

School  term,  at  least  one  hundred  and  forty  days  ...    23 

Secretary  of  the  State  Board  of  Education 50 

Secretary  of  the  State  Board  of  Education,  see  also  .    .      7 
Sinking  Fund,  to  liquidate  it  district  may  borrow  money  73 


16 

State  Auditor— 

To  settle  accounts  of  school  committees  .... 

May  compel  attendance  of  committees  for  this  purpose  44 

To  receive  and  settle  the  institute  accounts   of   the 

County  Superintendents  ...  ....    43 

Not  to  settle  account  of  district  refusing  admission 

of  pupils  to  Graded  School  ...  .53 

To  examine  and  settle  accounts  of   districts  before 

August  10 56 

State  Dividend- 
May  be   withheld   from    district   if  employing  a 

teacher  without  a  legal  certificate 26 

Withheld  from  district  that   does  not   enforce  the 

Compulsory  Attendance  law 69 

State  Board  of  Education- 
Established  5 

To  have  supervision  and  control  of  public  schools  .      5 

Members 5 

Object  of  and  powers 6 

To  prescribe  text-books  .... 

To  regulate  issuance  of  teachers'  certificates  ...      6 

To  prescribe  regulation  for  sanitary   equipment  of 

schools 6 

May  employ  educational  expert 

To  hear  appeals  .    .    .  .    -      6 

To  recommend  legislation  to  Governor  and  General 

Assembly 7 

To  receive  note  book  of  County  Superintendents  .      39 
To  direct  County  Superintendents  as  to  times  and 

places  of  holding  teachers'  examinations  ...    39 

To  receive  annual  report  of  teachers 41 

To  report  teachers  that  fail  to  make  annual   report, 

to  County  Superintendent 42 

To  pass  upon  Graded  Schools  .   .       51 

To  have  final  power  to  decide   which   are   Graded 

Schools .....    52 

To  make  rules  for  admission   of   pupils  to   Graded 

Schools ...    52 

To  send  copies  of  these  rules  to  Boards  or  Commit- 
tees having  control  of  Graded  Schools  ...         52 
To  certify  substance  of  lists  of  non-resident   pupils 

to  State  Treaurer 53 

To  notify  school  authorities   when    county's   quota 

of  non-resident  pupils  is  full  ....  53 
Must  approve  bills  for  the  enforcement  of  Compul- 
sory Attendance  law 69 

State  Dividend,  withholding  of 11 


17 

State  Dividend,  not  effected  by  union  of  districts   ...  17 
State  Librarian,  Secretary  of  State   Library   Commis- 
sion .  102 

State  Library  Commission- 
To  recommend  legislation 103 

Authorized  expenditures  of  to  be  paid 102 

Amendment 91 

Amendment 118 

May  require  reports   from   District   Library   Com- 
mission .  109 

Amendment  .    . 98 

Shall  make  various  reports  .   .  ....  109 

Amendment 98 

State  Treasurer— 

To  prepare  blank  order  book  for  free  text-books    .    35 

To  forward  orders  to  publishers  .    .        36 

Shall  pay  bill  for  books  and  charge  amount  to  school 

district 36 

Allowance  for  expenses  of 37 

Payment  toward  holding   of  County   Institutes  .    .    42 
Duty  to  apportion  School  Fund  .   .  ....    45 

To  pay  expenses  of  State  Library   Commission  .    .  103 
Amendment  .   .   .  .    .    91 

To  pay  County  School  Commission  for  education  of 
Normal  School  students  .  ...    62 

Substitute  for  annual  stated  meeting  of  School  District  22 
Suits,  law,  for  sums  of  $200  or  less,  to   be   brought  be- 
fore a  Justice  of  the  Peace ...    18 

T 

Tax— 

Amount  of  for  Free  Public  Library  in  each  district  94 

and  95 

Collected  as  school  tax  .                                       ...    95 
Each  district  to  determine  its   amount,  beyond  a 
minimum 95 

Tax  Collector- 
Duties  and  powers  of .....    32 

Penalty  for  refusing  to  act 33 

Fees  of 33 

Penalty  for  not  paying  over  money  collected    .        .    33 

Tax  rate,  to  be  determined  by  School  Committee  after 
completion  of  assessment 31 

Tax,  school,  to  be  collected  in  30  days 33 

Tax  for  Free  Public  Library- 
Amount  to  be  raised  in  each  class  of  district  .    .    .  106 

Annual  amount 106 

Amendment - 94 


18 

Taxable,  removal  from  district  or  death  of 33 

Taxes- 
Amount  of,  to  be  raised  by  each  district  .       ...    30 
Votes  respecting,  to  be  taken  only  at  stated  annual 

meeting  or  substitute  therefor 21 

For  colored  schools 31 

Teachers- 
Required  to  furnish  information  to  the  State  Board 

of  Education  .    -       ......      6 

No  teacher  to  be  employed  without  legal  certificate   23 

To  receive  list  of  pupils  from  Clerk 24 

To  receive  list  of  children  under  Compulsory  Atten- 
dance   68 

Subject  to  penalty  for  not  giving  certain  instruction  26 

Also 120 

A  special  teacher  may  be  employed 26 

Must  report  to  School  Committee 37 

Must  report  to  State  Board  of   Education   annually  41 

Shall  attend  teacher's  institute .41 

May  be  excused  from  such  attendance   by  Board  or 

School  Committee ....    41 

Additional,  how  to  secure  share  of  State   Dividend 
for  employment  of 57 

Teacher's  Annual  Report,  copy  of  to  be  sent  to  County 
School  Commission  -  41 

Teacher,  or  Principal,  of  Graded  School,  to  notify  State 
Board  of  Education  of   admission    of   non-resident 

pupils 53 

To  send    voucher   of   attendance  of  such  pupils   to 
State  Treasurer 53 

Teachers'  Certificates — 

Issuance  regulated  by  State  Board  of  Education  •  •  •  •     6 
To  be  delivered  to  candidates  by  County  Superinten- 
dent  

How  long  and  where  good 

May  be  withdrawn  for  cause 

May  be  suspended  by    County  Superintendent . ...   42 
Applicant,  if  refused,  may  appeal  to  State  Board  of 

Education  or  to  County  School  Commission. ...  42 
To  graduates  of  Normal  Schools  without  examination  60 

Teachers'  Examinations,  separate  for  teachers    in   col- 
ored schools  39 

Teachers'  Examinations,  questions  for 39 

Teachers'  salary,  to  be  withheld  until  quarterly   report 
is  made  to  School  Committee 37 

Teachers'  salary,  may  be  withheld  for  not   giving   cer- 
tain instruction 119 


19 

Teachers'  Institute- 
Held  by  County  Superintendent- .  40 

Teachers  shall  attend 41 

No  reduction  of  pay  for  such  attendance  of  institute  41 

To  be  held  once  each  year 42 

State  Treasurer  to  pay  toward  holding 42 

To  include  instruction  on  Moral  and  Humane  educa- 
tion   120 

Text-Books-  see  Free  Text-Books 

To  be  prescribed  by  State  Board  of  Education 6 

Lost,  damaged  or  destroyed,  how  settled  for 37 

Deduction  from  State  Dividend 57 

Transfer  of  property  from  assessment  list   of   one   dis- 
trict to  another 14 

Traveling-  libraries 55 

Truant  schools,  district  or  districts  may  establish 67 

Truant  pupils,  how  dealt  with 67 

Trustee  of  the  School  Fund,  is  State  Treasurer 44 


u 

United  States  flag,  must  be  displayed  on  or    near   each 
school 25 

United  States  map  must  be  in  each  school-  —  25 

United  School  District- 
How  formed 16 

Provisions  concerning 17 

May  have  several  schools  . .  17 

Shall  not  lose  dividends 

Permitted  to  establish  Free  Public  Library Ill 

Amendment 100 


V 

Vacancy— How  Filled 

In  State  Board  of  Education 5 

In  School  Committee 24 

In  County  School  Commission 10 

In  State  Library  Commission 102 

In  District  Library  Commission-  -       97 

Vaccination,  free,  may  be  provided  by   a   School   Com- 
mittee    27 

Vote,  how  taken  to  bond  a  district 72 

Vote, on  qusstion  of  borrowing  money  for  library  purposesl!6 
Vote,  on  tax  for  school  purposes 21 


20 

Voters,  qualifications  of— 

For  school  elections 19 

For  election  to  bond  district.  73 
For  Free  Public  Library  .  .  .105 

Amendment 93 

For  school  election  in  colored 
district 14 

w 

Wilmington,  City  of— 

Not  to  be  affected  by  Chapter  67,  Volume  21 48 

Board  of  Education,  may  make  its  own  charges  for 

non-resident  pupils 54 

Shares  of  State  Dividend  increased  from  165  to  200.  59 
Compulsory  Attendance  in,  powers  conferred  upon 

Board  of  Education 70 

Excepted  from  the  requirements  for  moral  and  hu- 
mane education 119 


YC  06617 


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